Legal Opinion

Kidney v. Waite

Appellate Division of the Supreme Court of the State of New York

Decided May 2, 1917PublishedCited by 2 opinions

Appeal by the defendants, George D. Hewitt and others, from so much of an interlocutory judgment of the Supreme Court in favor of the respondents, entered in the office of the clerk of the county of Jefferson on the 24th day of July, 1916, as adjudges that the respondents are the owners in fee of the premises described in the complaint. The judgment was rendered upon the decision of the court after a trial at the St. Lawrence Special.

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Appeal by the defendants, George D. Hewitt and others, from so much of an interlocutory judgment of the Supreme Court in favor of the respondents, entered in the office of the clerk of the county of Jefferson on the 24th day of July, 1916, as adjudges that the respondents are the owners in fee of the premises described in the complaint. The judgment was rendered upon the decision of the court after a trial at the St. Lawrence Special. Term and decreed the sale of certain real property in partition.

1Opinion of the Court

Merrell, J.:

This action is in partition, and the sole question involved upon this appeal is as to whether upon the death of the intestate her real property descended to her paternal heirs to the exclusion of her maternal heirs or whether the maternal heirs were entitled to share therein.

Eliza L. Hosford, the intestate, died.at the city of Water-town, N. Y., on the 4th day of August, 1915, leaving John C. Hosford, her husband, her surviving, but died without leaving child or descendant, father, mother, brother or sister. She . left, however, her surviving, uncles and aunts and descendants of…

2Cases cited3 opinions

  1. Adams v. AndersonNew York Supreme Court · 1898
  2. Champlin v. BaldwinNew York Court of Chancery · 1829
  3. Dolin v. LeonardIndiana Supreme Court · 1896

3Cited by2 opinions

  1. Nelson v. NelsonNew York Supreme Court · 1919
  2. In re the Estate of WeissNew York Surrogate's Court · 1931

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