Legal Opinion

Delafield v. . Barlow

New York Court of Appeals

Decided December 13, 1887PublishedCited by 46 opinions

Appeal from order of the General Term of the Supreme Court in the second judicial department, made May 9, 1887, which affirmed an order of Special Term denying an application of Louisa Shaw Barlow to be made defendant herein. This action was brought for the partition of certain real estate situated upon Staten Island. The material facts are as follows: Francis George Shaw died in 1882, at the time of his death owning an undivided two-fifths of the real estate.

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Appeal from order of the General Term of the Supreme Court in the second judicial department, made May 9, 1887, which affirmed an order of Special Term denying an application of Louisa Shaw Barlow to be made defendant herein. This action was brought for the partition of certain real estate situated upon Staten Island. The material facts are as follows: Francis George Shaw died in 1882, at the time of his death owning an undivided two-fifths of the real estate. He left surviving him a wife and four daughters, one of whom is the wife of the appellant, Francis G. Barlow. He disposed of his…

1Opinion of the CourtEarl, J.

We are of opinion that the motion was properly denied on the ground that Louisa Shaw Barlow was not a necessary or proper party to this action. It is undisputed that valid trusts were created as to the one-half of the residue of the testator’s real and personal estate, which he gave to his executors and trustees; and that during the continuation of' the trusts, to wit, during the lives of the testator’s widow and of the several daughters, the title to the several quarters of real estate involved in the trusts was vested in the trustees. But the claim is made by Mr. Barlow that after the death…

2Cases cited1 opinion

  1. Morse v. . MorseNew York Court of Appeals · 1881

3Cited by46 opinions

  1. Anderson v. WilsonSupreme Court of the United States · 1933
  2. Lawrence v. . LittlefieldNew York Court of Appeals · 1915
  3. Becker v. ChesterWisconsin Supreme Court · 1902
  4. Salisbury v. . SladeNew York Court of Appeals · 1899
  5. McDonald v. . O'HaraNew York Court of Appeals · 1895

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