Legal Opinion
Pattison v. Cusack
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1911PublishedCited by 2 opinions
Appeal by the defendant, Kittie Akin Cusack, individually .and as trustee, etc., from part of an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the. clerk of the county of Eensselaer on the 3d day of January, 1911, upon the decision of the court, rendered after a trial before the court without a jury at the Eensselaer Trial Term, directing a sale in an action for partition.
1Opinion of the Court
Betts, J.:
James W. Cusack owned the premises involved in this action. He died testate on April 10, 1898. His will, so far as is important here, was as follows:
“Fifth. I give, devise and bequeath one-third of all the rest, residue and remainder of my property, both real and personal, to my beloved wife Kittie Akin Cusack absolutely, which shall be received and accepted by her in lieu of all dower which she may have in the real property of which I may die seized.
“ Sixth. I give, devise and bequeath all of the rest, residue and remainder of my property, both real and personal, to my executors…
2Cases cited3 opinions
- In Re the Accounting of CramerNew York Court of Appeals · 1902
- Garvey v. Union Trust Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Freeborn v. WagnerNew York Court of Appeals · 1868
3Cited by2 opinions
- Evans v. AppellAppellate Division of the Supreme Court of the State of New York · 1924
- St. William's Church v. PeopleAppellate Division of the Supreme Court of the State of New York · 1945