Hazard v. Birdsall
New York Supreme Court
Appeal from special term, Monroe county. Action for partition by Hannah L. Hazard and another against Cordelia Birdsall and others. Plaintiffs claim the land as heirs at law of Benjamin Birdsall, deceased, while defendants claim as devisees under bis will.
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Appeal from special term, Monroe county. Action for partition by Hannah L. Hazard and another against Cordelia Birdsall and others. Plaintiffs claim the land as heirs at law of Benjamin Birdsall, deceased, while defendants claim as devisees under bis will. Plaintiffs alleged that the will was void, and they appeal from an order requiring them to furnish defendants a bill of particulars as to the alleged defective execution of the will, and as to the specific acts or representations relied on to show undue influence.
1Opinion of the CourtMacomber, J.
This action is for the partition of certain lands described in the complaint, of which one Benjamin Birdsall died seised on the 22d day of April, 1890. The plaintiffs are the daughter and grandson of the decedent, and the defendant Cordelia Birdsall is his widow. The claim made by the plaintiffs is that they are entitled to a portion of the real estate as tenants in common with other parties named, although the deceased left a will by which the land was apparently devised to the respondent Cordelia Birdsall. The action in form is under section 1537 of the Code of Civil Procedure, which…
2Cited by4 opinions
- Van Olinda v. HallNew York Supreme Court · 1894
- Smith v. AndersonAppellate Division of the Supreme Court of the State of New York · 1908
- In re the Estate of FraserNew York Surrogate's Court · 1934
- Jones v. McDonoughAppellate Division of the Supreme Court of the State of New York · 1911