Lamb v. Lamb
New York Supreme Court
Appeal from judgment on report of referee. Action by Clara A. Lam band others against Samuel Treat Lamb and others to obtain a construction of the will of Anthony Lamb, deceased, and a partition among the residuary devisees of his estate of certain property included in a devise of the testator, which failed to take effect, consisting of two lots with improvements on Columbia street and two lots on Sheriff street in the city of New York.
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Appeal from judgment on report of referee. Action by Clara A. Lam band others against Samuel Treat Lamb and others to obtain a construction of the will of Anthony Lamb, deceased, and a partition among the residuary devisees of his estate of certain property included in a devise of the testator, which failed to take effect, consisting of two lots with improvements on Columbia street and two lots on Sheriff street in the city of New York. By the second clause of his will the testator gave his wife, Violetta, a life-estate in said premises, and by the sixteenth clause thereof he devised the…
1Opinion of the CourtO’Brien, J.
Seldom is difficulty found in determining the rules that should govern in cases involving the construction of wills, but when we attempt to apply those rules to a given case the difficulty at once becomes manifest. The present furnishes a good illustration. The referee in his opinion correctly states the facts and the questions in controversy as follows: “This action is brought for the partition of certain real property situated in the city of Hew York. All parties claim through one Anthony Lamb, who died in May, 1885, seised of the premises in question, and leaving him surviving five…
2Cases cited8 opinions
- Phillips v. . DaviesNew York Court of Appeals · 1883
- Riker v. . CornwellNew York Court of Appeals · 1889
- Pond v. BerghNew York Court of Chancery · 1843
- Van Kleeck v. Dutch ChurchNew York Supreme Court · 1838
- Cruikshank v. . Home for the FriendlessNew York Court of Appeals · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Robinson v. RobinsonCuyahoga County Common Pleas Court · 1913