Kendall v. Case
New York Supreme Court
Appeal from special term, Schoharie county. Action by Mary Kendall and another against Margaret Case for partition. From an interlocutory judgment sustaining a demurrer to the answer, defendant appeals. Reversed.
1Opinion of the CourtPutnam, J.
This is an appeal by defendant, Margaret Case, from an interlocutory judgment sustaining plaintiffs’ demurrer to the answer. The action was brought for the partition of a lot of land in the county of Schoharie, owned by one Vincent R. Wilber at the time of his death. Plaintiffs claimed to be each seised of an undivided one-fourth part thereof, under the will of said deceased. The appellant averred that she owned the whole lot under a deed from Polly Wilber, widow of deceased; that under the will of said Vincent R. Wilber said Polly became seised of a life estate in said real estate, with a…
Also in this document: Concurrence.
2Cases cited7 opinions
- Smith v. . Van OstrandNew York Court of Appeals · 1876
- Campbell v. . BeaumontNew York Court of Appeals · 1883
- Leggett v. . FirthNew York Court of Appeals · 1892
- Thomas v. WolfordNew York Supreme Court · 1888
- Flanagan v. FlanaganNew York Supreme Court · 1880
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3Cited by13 opinions
- Mitchell v. Van AllenAppellate Division of the Supreme Court of the State of New York · 1902
- In re the Appraisal of the Estate of GranfieldNew York Surrogate's Court · 1913
- In re the Estate of TaylorNew York Surrogate's Court · 1933
- Shea v. CampbellNew York Supreme Court · 1911
- In re the Construction of the Last Will & Testament of EckamAppellate Division of the Supreme Court of the State of New York · 1933
8 more not listed; retrieve them via the Exa API.