Overheiser v. . Lackey
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 9, 1911, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The will of Hester Marsh devised 15 Christopher street to her two daughters, Eliza Jane Marsh and Hester Marsh, as tenants in common.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 9, 1911, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The will of Hester Marsh devised 15 Christopher street to her two daughters, Eliza Jane Marsh and Hester Marsh, as tenants in common. (Matter of Albrecht, 136 N. Y. 91; Gage v. Gage, 43 Hun, 501; 112 N. Y. 617; Matter of Cruger, 81 App. Div. 493; Matter of…
1Opinion of the CourtWillard Bartlett, J.
This is a suit to partition the premises known as No. 15 Christopher street in the city of New York. Whatever title the parties have to the property in question is derived under the will of Hester Marsh who died in June, 1884, and whose will was duly admitted to probate in the Surrogate’s Court of the county of New York on the 7th day of July in that year. By this will the premises No. 15 Christopher street were devised to Eliza Jane Marsh and Hester Marsh, the daughters of the testatrix. The daughter Hester Marsh died on January 6, 1907, and the daughter Eliza Jane Marsh died on February 27,…
2Cases cited5 opinions
- Purdy v. . HaytNew York Court of Appeals · 1883
- Coster v. LorillardCourt for the Trial of Impeachments and Correction of Errors · 1835
- Mills v. . HussonNew York Court of Appeals · 1893
- Mustain v. GardnerIllinois Supreme Court · 1903
- Simons v. BollingerIndiana Supreme Court · 1900
3Cited by72 opinions
- In Re the Transfer Tax Upon the Estate of McKelwayNew York Court of Appeals · 1917
- In re the Estate of LeonardNew York Surrogate's Court · 1932
- Clary v. FitzgeraldAppellate Division of the Supreme Court of the State of New York · 1913
- In re the Estate of CorliesNew York Surrogate's Court · 1934
- In re the Estate of BarrettNew York Surrogate's Court · 1931
67 more not listed; retrieve them via the Exa API.