McGillis v. McGillis
Appellate Division of the Supreme Court of the State of New York
Action by Robert A. McGillis and another against Ewen McGillis and others, to partition certain real estate in Warren and . Albany counties, and to enforce an alleged lien in favor of defendant Henry W. Hayden on the interest of defendant Morrison M. E. Jarvis in certain other real estate.
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Action by Robert A. McGillis and another against Ewen McGillis and others, to partition certain real estate in Warren and . Albany counties, and to enforce an alleged lien in favor of defendant Henry W. Hayden on the interest of defendant Morrison M. E. Jarvis in certain other real estate. There was an interlocutory judgment for plaintiffs on the report of a referee, and defendant Morrison M. E. Jarvis moves for a new trial on exceptions ordered heard in the first instance at general term. The facts are stated by Mr. Justice PUTNAM as follows:
1Opinion of the CourtLandon, J.
In the action of Beck v. McGillis, 9 Barb. 35, the heirs of the testator obtained a decision which, as between them and the first-born four children of Mrs. McGillis, gave to the heirs the remainder upon the death of Mrs. McGillis. That is of no consequence here, since no party to this action claims under the heirs of the testator. The judgment in the case of Van Cortlandt v. Laidley, 59 Hun, 161, 11 N. Y. Supp. 148, excluded the heirs of the testator from any title to the remainder, because the title to the same was vested in the four after-born children of Mrs. McGillis. But this case…
2Cases cited7 opinions
- Moore v. LittelNew York Court of Appeals · 1869
- Baer v. HendricksNew York Court of Appeals · 1895
- Purdy v. . HaytNew York Court of Appeals · 1883
- Hennessy v. . PattersonNew York Court of Appeals · 1881
- Campbell v. . StokesNew York Court of Appeals · 1894
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3Cited by1 opinion
- McGillis v. McGillisAppellate Division of the Supreme Court of the State of New York · 1897