Stonehill v. . Hastings
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 20, 1909, affirming a judgment in favor of defendants 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.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 20, 1909, affirming a judgment in favor of defendants 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 finding that Mrs. Todd was the owner of the property in fee simple at the time of her death, the other findings of her ownership and unrestricted exercise of ownership down to the time of her death, and the finding that the deed was to take effect upon…
1Opinion of the CourtHiscock, J.
This action was brought by the appellants as residuary legatees and representing a deceased residuary legatee of one Margretta Todd to set aside a deed and what has been denominated a life lease of certain real estate situate in the city of 27ew York known as the Von Hoffman Apartment House. The deed ran to a daughter, Rosalie Tousey, subject to the life lease. It was delivered by the grantor to a third person to be by him after her death delivered to the grantee, which was done, and "this appeal is concerned with the judgment dismissing the complaint in so far as it attacks said deed. Such…
2Cases cited5 opinions
- Hathaway v. . PayneNew York Court of Appeals · 1865
- Rosseau v. . BleauNew York Court of Appeals · 1892
- Rochester Savings Bank v. BaileyNew York Supreme Court · 1901
- Burnham v. . BurnhamNew York Court of Appeals · 1910
- Burnham v. BurnhamNew York Supreme Court · 1908
3Cited by13 opinions
- Saltzsieder v. . SaltzsiederNew York Court of Appeals · 1916
- Plymale v. KeeneMontana Supreme Court · 1926
- Brandt v. BrandtCalifornia Court of Appeal · 1927
- Masquart v. DickOregon Supreme Court · 1957
- Slowey v. HuntNew York Supreme Court · 1919
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