Borst v. Crommie
New York Supreme Court
Appf.au from a judgment in favor of the plaintiff, entered upon the r _ >rt of a referee. The action was brought to have the value of plaintiff’s support, which had been charged upon a farm, determined, and to have the farm sold to satisfy the same. Plaintiff’s father, by his will, devised his homestead farm to his three sons, “ subject, however, to the liens thereon herein imposed and reservations hereinafter mentioned.”
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Appf.au from a judgment in favor of the plaintiff, entered upon the r _ >rt of a referee. The action was brought to have the value of plaintiff’s support, which had been charged upon a farm, determined, and to have the farm sold to satisfy the same. Plaintiff’s father, by his will, devised his homestead farm to his three sons, “ subject, however, to the liens thereon herein imposed and reservations hereinafter mentioned.” He also ordered and directed “ that each of my daughters, Cynthia, Ann, and Ada (the plaintiff), shall be well supported at my dwelling-house, and furnished with good and…
1Opinion of the Court
Boardman, J. :
By Henry Borst’s will, he gave to his fhree sons his homestead farm, “subject to the liens thereon therein imposed and reservations thereinafter mentioned.” By a subsequent clause, he directed and ordered that his daughter Ada, the plaintiff, should be well supported at his dwelling-house, and furnished with good and sufficient food and suitable clothing by his said three sons, during the time she should remain single, which support ho made a lien upon said, farm devised to his three sons. She was so supported at such dwelling-house until May, 1873, when, by l’eason of the sale…
2Cases cited2 opinions
- Conant v. StrattonMassachusetts Supreme Judicial Court · 1871
- Loomis v. LoomisNew York Supreme Court · 1862