Smith v. Incorporated Village of Patchogue

Plaintiffs sought for themselves and others to eject the defendant village from certain land devised to it for use as a park by the will of Augusta J. Smith Weeks. In accordance with directions in the will, the village used the land for park purposes and a portion of funds bequeathed to it to fence the park and erect a monument, and continued to devote the land to park purposes until recently when approximately half of it was appropriated by the State of New York under the Highway Law for the extension of Sunrise Highway. By agreement with the village, the State paid therefor and the village…