Meeker v. . Draffen
New York Court of Appeals
Appeal from a judgment, entered July 6, 1910, upon an order of the Appellate Division of the Supreme Court in the third judicial department,, which modified and affirmed as modified an interlocutory judgment of Special Term in an action of partition.
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Appeal from a judgment, entered July 6, 1910, upon an order of the Appellate Division of the Supreme Court in the third judicial department,, which modified and affirmed as modified an interlocutory judgment of Special Term in an action of partition. By her complaint in this action the plaintiff alleged that herself and the “ defendant Jennie Draffen are each seized and entitled in fee simple absolute to one undivided half ” of certain premises in the county of Delaware, and the relief demanded is a partition of the same in the usual form. The defendant Nellie Meeker by her answer alleged…
1Opinion of the CourtVann, J.
This appeal depends on the construction of the fifth clause in the will of Hiram Meeker, who died on the 22nd of March, 1889, leaving him surviving the plaintiff, his ■widow, Jennie Draffen, a granddaughter, and his only heir at law, and Nellie Meeker, the widow of his deceased son, Charles G. Meeker. The will, which was promptly admitted to probate, bears the date of February 11th, 1887, and as the trial court found “ at the time of the execution thereof, said Hiram Meeker resided on the premises described in the complaint with his wife Sally Meeker, the plaintiff herein, his son Charles G.…
2Cases cited3 opinions
- Schettler v. . SmithNew York Court of Appeals · 1869
- Van Brunt v. . Van BruntNew York Court of Appeals · 1888
- Meeker v. DraffenAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by24 opinions
- Williams v. . AltNew York Court of Appeals · 1919
- Solms' EstateSupreme Court of Pennsylvania · 1916
- Buzby EstateSupreme Court of Pennsylvania · 1956
- Hill v. AldrichMassachusetts Supreme Judicial Court · 1951
- Gannett v. ShepleySupreme Court of Missouri · 1943
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