Williams v. Williams
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, James Williams and others, from an interlocutory judgment of the County Court of Chautauqua county in favor of the plaintiff, entered in the office of the clerk of said county on the 17th day of January, 1912, in an action for partition.' The facts are agreed upon. On the 27th day of September, 1897, William J. Williams, a resident of Chautauqua county, died seized in fee of the lands described in the complaint.
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Appeal by the defendants, James Williams and others, from an interlocutory judgment of the County Court of Chautauqua county in favor of the plaintiff, entered in the office of the clerk of said county on the 17th day of January, 1912, in an action for partition.' The facts are agreed upon. On the 27th day of September, 1897, William J. Williams, a resident of Chautauqua county, died seized in fee of the lands described in the complaint. He executed his last will and testament, which was duly admitted to probate, and left him surviving his widow, who died in 1909 and prior to the commencement…
1Opinion of the Court
Spring, J.:
There is no devise of the little estate left by the testator to any of his children. He preferred to have the premises sold and the avails distributed after the death of his widow and, therefore, directed that such mode be adopted. The gift was of money, not of land; and because of the direction of the testator to sell the real estate, it became personal property. In no other way could the distribution of the money be made, and so there was what' is known as an equitable conversion of this small,farm into personalty. (Meakings v. Cromwell, 5 N. Y. 136; Greenland v. Waddell, 116 id.…
2Cases cited8 opinions
- Connelly v. . O'BrienNew York Court of Appeals · 1901
- Mott v. . AckermanNew York Court of Appeals · 1883
- Meakings v. . CromwellNew York Court of Appeals · 1851
- Patchen v. . PatchenNew York Court of Appeals · 1890
- Royce v. . AdamsNew York Court of Appeals · 1890
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3Cited by9 opinions
- In re the Accounting of WatonNew York Surrogate's Court · 1954
- In re GargiuloNew York Surrogate's Court · 1929
- Citizens' Nat. Bank v. First Nat. BankNew Mexico Supreme Court · 1924
- Fraser v. BowermanNew York Supreme Court · 1918
- In re the Estate of SpruceNew York Surrogate's Court · 1947
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