Legal Opinion

Walter v. Ham

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

Decided January 15, 1902PublishedCited by 5 opinions

Appeal by the defendants, Jessie E. Ham and others, from a judgment of the Supreme Court in favor of the defendants, Madison Ham and another,, entered in the office of the clerk of the county of Nassau on the 1st day of July, 1901, upon the report of a referee dismissing the complaint' in an action for partition. Judgment affirmed, with costs, on the opinion of the referee. All concurred.

1Opinion of the Court

. The following is the opinion of Burr, Referee:

Joseph A. Burr,

Referee :

The determination of this case involves the construction of the last will and testament of George H. Ham.

The.said Ham died on the 12th day of October, 1872. For about fourteen years prior to his death he had been the owner of a farm at Lattingtown, in the then county of Queens, now county of Nassau, which is described in the complaint. He left a will which was duly proved on the 3d day. of January, 1873, which, among others, contained the following provision: “ Seventh. I give, ■ bequeath and devise to my said wife,…

2Cases cited7 opinions

  1. Phillips v. . DaviesNew York Court of Appeals · 1883
  2. Roe v. . VingutNew York Court of Appeals · 1889
  3. Karstens v. KarstensAppellate Division of the Supreme Court of the State of New York · 1898
  4. Benjamin v. WelchNew York Supreme Court · 1893
  5. Haug v. SchumacherAppellate Division of the Supreme Court of the State of New York · 1900

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3Cited by5 opinions

  1. Brainin v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1910
  2. In re the Judicial Settlement of the Account of the Long Island Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1904
  3. In re Northup's WillAppellate Division of the Supreme Court of the State of New York · 1904
  4. Dreyer v. ReismanAppellate Division of the Supreme Court of the State of New York · 1910
  5. In re the Estate of StrikerNew York Surrogate's Court · 1922

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