Floyd v. Caro
New York Court of Common Pleas
Appeal from a judgment of this court entered upon findings by the judge upon trial without a jury. The action was brought to recover possession of certain real estate situated in the city of New York.
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Appeal from a judgment of this court entered upon findings by the judge upon trial without a jury. The action was brought to recover possession of certain real estate situated in the city of New York. The facts found by the judge at the trial were substantially as follows: Robert Kermit was in his life-time, and at the time of his death, seized in fee of the said premises; while so seized, he duly executed his last will, whereby, after stating in the introductory clause thereof that he, being “ desirous of making a suitable and proper disposition of such worldly estate as I may leave behind…
1Opinion of the Court
Charles P. Daly, Chief Justice.
This judgment should be affirmed. The reasons why it should be affirmed, are set forth so concisely in the points submitted by the counsel for the respondent, that to a great extent it would suffice to repeat what‘he has said and refer to the authorities he cites. But he has not considered all the objections relied upon by the appellant, and as they will have to be passed upon, I will state my conclusions, generally, on the appeal, with the cases that warrant them, as follows:
1. The testator’s language in the introductory part of the will, that he was desirous…
2Cases cited5 opinions
- Kerr v. . DoughertyNew York Court of Appeals · 1880
- Bowers v. SmithNew York Court of Chancery · 1843
- Craig v. CraigNew York Court of Chancery · 1848
- Burns v. MorseNew York Court of Chancery · 1836
- Fairbanks v. CampNew York Supreme Court · 1839