Wylie v. . Lockwood
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made March 5,1880, which affirmed a judgment, entered upon a decision of the court on trial at Special Term. (Reported below, 20 Hun, 377.) This action was brought for the partition of certain real estate, of which Samuel Horsworthy died seized.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made March 5,1880, which affirmed a judgment, entered upon a decision of the court on trial at Special Term. (Reported below, 20 Hun, 377.) This action was brought for the partition of certain real estate, of which Samuel Horsworthy died seized. Said Horsworthy died in 1828, leaving a will, the clauses of which having any bearing upon the question in controversy are as follows: “ First. As the dower of my wife will be an ample provision for her, I direct that one-third of the…
1Opinion of the CourtDanforth, J.
The action is for partition of real estate devised by Samuel Dors worthy. There was no dispute as to the facts, and judgment followed the prayer of the complaint. The exception is to so much of it as depends upon the construction given by the trial court to these words of the testator: “Fifth. Immediately after my youngest child shall become of age, I give and devise the whole of my estate, real and personal, to my said children, or such of them as may be at that time living, to have and to hold to them, as tenants in common, during their respective lives. And I order and direct that, in case…
2Cases cited3 opinions
- Mowatt v. CarowNew York Court of Chancery · 1838
- Jackson ex dem. Burhans v. BlanshanNew York Supreme Court · 1808
- Lovett v. BuloidNew York Court of Chancery · 1848
3Cited by7 opinions
- Patchen v. . PatchenNew York Court of Appeals · 1890
- Kingsland v. LeonardNew York Supreme Court · 1883
- Barker v. SoutherlandNew York Surrogate's Court · 1886
- Bray v. MilesIndiana Court of Appeals · 1899
- In re Thompson's EstateNew York Surrogate's Court · 1889
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