Legal Opinion

Garvey v. Union Trust Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 6 opinions

Appeal by the defendants, the Union Trust Company of New York, executor and trustee of and under the last will and testament of Andrew Jeffries Garvey, deceased, and others, from interlocutory judgments of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 25tli day of January, 1898, upon the decision of the court rendered after atrial at the New York Special Term overruling their demurrers to the amended…

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Appeal by the defendants, the Union Trust Company of New York, executor and trustee of and under the last will and testament of Andrew Jeffries Garvey, deceased, and others, from interlocutory judgments of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 25tli day of January, 1898, upon the decision of the court rendered after atrial at the New York Special Term overruling their demurrers to the amended complaint.

1Opinion of the Court

Ingraham, J.:

The action is brought for the partition of certain property of which Andrew J. Garvey, deceased, died seized, the plaintiffs claiming, as heirs at law of said Andrew J. Garvey, that an apparent devise of such property made by the last will and testament of the said deceased is void.

The complaint alleges that said Andrew J. Garvey, late of the city and county of New York, deceased, was seized in fee absolute and in possession of certain lots, pieces or parcels of land situated in the city and county of New York, which are particularly described ; that the said Garvey died on or…

2Cases cited6 opinions

  1. Hollis v. . Drew Theological SeminaryNew York Court of Appeals · 1884
  2. Cochrane v. . SchellNew York Court of Appeals · 1894
  3. Weston v. . StoddardNew York Court of Appeals · 1893
  4. Sullivan v. . SullivanNew York Court of Appeals · 1876
  5. Sheridan v. . JacksonNew York Court of Appeals · 1878

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3Cited by6 opinions

  1. St. John v. Andrews Institute for GirlsAppellate Division of the Supreme Court of the State of New York · 1907
  2. Pattison v. CusackAppellate Division of the Supreme Court of the State of New York · 1911
  3. Garvey v. United States Fidelity and Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1902
  4. Garvey v. HorganNew York Supreme Court · 1902
  5. In re the Construction of the Last Will & Testament & Codicil Thereto of AllenNew York Surrogate's Court · 1920

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