Fries v. . Osborn
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 7, 1907, which affirmed an interlocutory judgment entered upon the report of a referee in an action of partition.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 7, 1907, which affirmed an interlocutory judgment entered upon the report of a referee in an action of partition. The following question was certified: “ Are the legacies bequeathed by tbe will of Michael J. Fries, deceased, a lien and charge iqion his real estate, the lands described in the complaint herein % ” The facts, so far as material, are stated in the opinion. Michael J. Fries having died intestate as to his real estate, the lands described in the…
1Opinion of the CourtHiscock, J.
This is an action of partition. The appellant and various defendants are the relatives and heirs at law of one Michael J. Fries, who died leaving no descendants. The respondents are relatives of his deceased wife and legatees under his will. The dispute between them is summarized in the question submitted to us, whether certain legacies to the latter are a charge upon real" estate of the testsftor which descended to the former.
In the answer which we are about to give to this question we feel constrained to differ witli the decisions of the learned courts below, which have held that such…
2Cases cited3 opinions
- Bevan v. . CooperNew York Court of Appeals · 1878
- Lupton v. LuptonNew York Court of Chancery · 1817
- McCorn v. . McCornNew York Court of Appeals · 1885
3Cited by12 opinions
- Dahmer v. WenslerIllinois Supreme Court · 1932
- Ely v. . MegieNew York Court of Appeals · 1916
- Ely v. ElyAppellate Division of the Supreme Court of the State of New York · 1914
- Association of Survivors of Seventh Georgia Regiment v. LarnerCourt of Appeals for the D.C. Circuit · 1925
- In re the Estate of AltmanNew York Surrogate's Court · 1921
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