Zapp v. . Miller
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 15, 1885, which modified, and affirmed as modified, a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the material facts are stated in the opinion. By the will of Adam Mueller the real estate was devised for life directly to his wife. (Smith v. Post, 2 Edwd.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 15, 1885, which modified, and affirmed as modified, a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the material facts are stated in the opinion. By the will of Adam Mueller the real estate was devised for life directly to his wife. (Smith v. Post, 2 Edwd. Ch. 570; 20 Wend. 53, 55.) The executrix had only a naked power of sale and the land descended to the devisees, subject only to its execution. (1 R. S. 729, §…
1Opinion of the CourtPeckham, J.
This action was brought to set aside four several deeds executed by the plaintiff to defendant, conveying lands in Hew York, on the alleged ground of fraud and undue influence on the part of the defendant. The trial resulted in a finding by the court, before whom it was tried without a jury, in favor of the plaintiff; and in the written decision of the court, after a statement of the facts found, there is contained a statement of the conclusions of law, the second conclusion being in the following language : “ Second. That plaintiff is entitled to judgment; that the defendant account for all…
2Cases cited2 opinions
- Clapp v. . HawleyNew York Court of Appeals · 1885
- Woolever v. KnappNew York Supreme Court · 1854
3Cited by21 opinions
- Jemzura v. JemzuraNew York Court of Appeals · 1975
- Baker v. . OakwoodNew York Court of Appeals · 1890
- Adams v. BristolAppellate Division of the Supreme Court of the State of New York · 1908
- Swart v. . RickardNew York Court of Appeals · 1896
- Osborn v. . CardezaNew York Court of Appeals · 1913
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