Wood v. Powell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Bobert T. Powell and another, from .-an order of the Conn'ty- Court of Queens County, entered in. the office of the clerk of the county of Queens on the 7th day of March, 1896, directing that William A. Onderdonk, as receiver of the .goods, chattels and credits of Bobert T. Powell, be made a defend•ant in the action, and that said receiver be authorized and directed to file with the court a consent to accept a sum in gross, in lieu of the life…
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Appeal by the defendants, Bobert T. Powell and another, from .-an order of the Conn'ty- Court of Queens County, entered in. the office of the clerk of the county of Queens on the 7th day of March, 1896, directing that William A. Onderdonk, as receiver of the .goods, chattels and credits of Bobert T. Powell, be made a defend•ant in the action, and that said receiver be authorized and directed to file with the court a consent to accept a sum in gross, in lieu of the life estate of the defendant Bobert T. Powell, in the net one-third of the proceeds of a sale of land in which said Powell had a…
1Opinion of the Court
Hatch, J.:
Charles Powell, by his will, devised an undivided one-third of certain premises to his son, Robert T. Powell, for his life, with remainder over to his issue. Robert S. Powell is the only child of Robert T., and takes as remainderman under the devise. The plaintiff is a daughter of the testator, and also took a life estate in one-third of the premises under the .will. She brought this action to partition the lands; an interlocutory decree was entered therein by virtue of which the premises were sold and the proceeds, less expenses, were paid over to the county treásurer of Queens…
2Cases cited3 opinions
- Powell v. . WaldronNew York Court of Appeals · 1882
- Payne v. . BeckerNew York Court of Appeals · 1881
- O'Connor v. Mechanics' BankNew York Supreme Court · 1889
3Cited by2 opinions
- In re the Estate of SauerNew York Surrogate's Court · 2003
- Jermain v. SharpeNew York Supreme Court · 1899