Tucker v. Tucker
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Samuel Morgan, from an- interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Warren on the 26th day of March, 1907, upon the decision of the court rendered after a trial before the court without a jury at the Warren Trial Term. This is an action for the partition of a farm. Phoebe Stover, the original owner, conveyed the farm in 1876 to her daughter, Emma G-alusha.
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Appeal by the defendant, Samuel Morgan, from an- interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Warren on the 26th day of March, 1907, upon the decision of the court rendered after a trial before the court without a jury at the Warren Trial Term. This is an action for the partition of a farm. Phoebe Stover, the original owner, conveyed the farm in 1876 to her daughter, Emma G-alusha. The deed contained the following clause: “ The said party of the first part hereby reserves to herself the right of her .comfortable…
1Opinion of the Court
Cochrane, J.:
•It is obvious from the foregoing statement that the appellant' only has such title to the farm as Mrs. Stover could convey after the death of her daughter, Mrs. Galusha, except as. to the undivided one-sixth interest hereafter discussed. Under the Devised Statutes (1 R. S. 752, § 6), which were revised in the Real Property Law (Laws of 1896, chap. 547, § 285), Mrs. Stover inherited from Mrs. Galusha only a life estate in the property with the remainder to the other heirs of the latter.
But in the deed from Mrs. Stover to Mrs. Galusha the former reserved the right to her…
2Cases cited2 opinions
- House v. . McCormickNew York Court of Appeals · 1874
- Loomis v. LoomisNew York Supreme Court · 1862
3Cited by6 opinions
- Chew v. . SheldonNew York Court of Appeals · 1915
- Adam v. McClintockNorth Dakota Supreme Court · 1911
- De Clow v. HaverkampAppellate Division of the Supreme Court of the State of New York · 1921
- Northern Terminal Corp. v. ButterlyNew York Supreme Court · 1930
- Papajcik v. HnatukAppellate Division of the Supreme Court of the State of New York · 1951
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