Washburn v. Benedict
Appellate Division of the Supreme Court of the State of New York
Appeal by tbe plaintiffs, Myron Wasbburn and another, from, a judgment of the Supreme Court in favor of the defendant, Robert R. Benedict, as administrator, etc., of Margaret Benedict, deceased, entered in the office of the clerk of the county of Ontario on the 27th day of December, 1898, upon the decision of the court, rendered after a trial at the Ontario Special Term, dismissing their complaint.
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Appeal by tbe plaintiffs, Myron Wasbburn and another, from, a judgment of the Supreme Court in favor of the defendant, Robert R. Benedict, as administrator, etc., of Margaret Benedict, deceased, entered in the office of the clerk of the county of Ontario on the 27th day of December, 1898, upon the decision of the court, rendered after a trial at the Ontario Special Term, dismissing their complaint. Myron F. Washburn, in 1872, owned a farm in tbe town of Gorham in the county of Ontario, and in the month of April of that year he and his wife conveyed the same by warranty deed to their s.on, Ira…
1Opinion of the Court
Spring, J.:
By the deed from his father, in 1872, the title to the farm in question became vested in Ira G-. Washburn. The subsequent deed did not destroy his title. He and his wife are both grantees in that conveyance, and her interests are specifically defined therein to be $5,000, which was her contribution toward the purchase price. That is, the title was still in Ira (t. Washburn if we give full effect to this conveyance, but subject, to the lien thereon of $5,000 in •recognition of her payment of that sum on the consideration. The fee of the land was not vested in her, but, as the second…
2Cases cited5 opinions
- Moller v. . TuskaNew York Court of Appeals · 1881
- Deobold v. . OppermannNew York Court of Appeals · 1888
- Kirsch v. . TozierNew York Court of Appeals · 1894
- Dillaye v. Commercial Bank of WhitehallNew York Court of Appeals · 1873
- Spencer v. WeberAppellate Division of the Supreme Court of the State of New York · 1898
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