Knickerbacker v. Seymour
New York Supreme Court
THEl plaintiff, in her complaint in this action, alleged that oü the 19th day of September, 1862, a judgment was entered in a cause in which the said plaintiff, Catharine Knickerbacker, and the said Frances M. A. Knickerbacker, and Alida Y. Knickerbacker, defendants herein, by Jeremiah Romeyn, their guardian ad litem, were plaintiffs) and John Knickerbacker, defendant, a copy of which was annexed, and a judgment roll in said cause was on the same day filed in the clerk’s…
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THEl plaintiff, in her complaint in this action, alleged that oü the 19th day of September, 1862, a judgment was entered in a cause in which the said plaintiff, Catharine Knickerbacker, and the said Frances M. A. Knickerbacker, and Alida Y. Knickerbacker, defendants herein, by Jeremiah Romeyn, their guardian ad litem, were plaintiffs) and John Knickerbacker, defendant, a copy of which was annexed, and a judgment roll in said cause was on the same day filed in the clerk’s office of Rensselaer county, which judgment roll the plaintiff prayed might be made a part of the complaint, and prayed…
1Opinion of the Court
By the Court, Miller, J,
The conveyance from Manning V. Knickerbacker to his father, in trust, provides that the trustee or trustees shall, upon the death of the party of the first part, well and truly account for what remains of the personal and real estate, &c. to the “heirs at law and next of kin of the party of the first part, in the manner and proportions prescribed by the statutes of descent and distribution of this state, in cases of persons who die intestate.”
The deed itself does not expressly name the widow, and the question arises whether the language employed is sufficient to…
2Cases cited1 opinion
- Merchants' Insurance v. HinmanNew York Supreme Court · 1861
3Cited by4 opinions
- Murdock v. . WardNew York Court of Appeals · 1876
- Nester v. NesterNew York Supreme Court · 1910
- Nester v. NesterNew York Supreme Court · 1910
- Nester v. NesterNew York Supreme Court · 1910