Morse v. . Morse
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made November 18, 1879, which affirmed a judgment in' favor of defendants, entered upon a decision of the court, on trial at Special Term. This action was brought for partition of a farm situate in Otsego county, of which Stephen Morse,‘late-of Butternuts, in that county, died seized. The facts are sufficiently stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made November 18, 1879, which affirmed a judgment in' favor of defendants, entered upon a decision of the court, on trial at Special Term. This action was brought for partition of a farm situate in Otsego county, of which Stephen Morse,‘late-of Butternuts, in that county, died seized. The facts are sufficiently stated in the opinion. Under this will the share of the executor in the land in question goes to him in fee-simple absolute, and the alleged power to sell as executor…
1Opinion of the CourtAndrews, J.
The Revised Statutes, authorize ah action of partition between persons who hold orare in possession of lands, etc., as joint-tenants or tenants in common. (1 R. S. 347, § 1.) The only right or interest which the plaintiff, Charles D. Morse, claims in the land sought to be partitioned, is derived under the will of Stephen Morse. Unless he took under the will a present estate in possession, in the premises in question, he cannot maintain this action. (Sullivan v. Sullivan, 66 N. Y. 37.)
The testator had six children, all of whom survived him. His real estate at his death consisted of a farm of…
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