Byrnes v. . Stilwell
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made January 14, 1886, which affirmed a judgment entered upon decision of the court on trial at Special Term. (Reported below, 38 Hun, 523, sub nomine Byrnes v. Lábagh.) This was an action for the partition of certain lands in the city of New York. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made January 14, 1886, which affirmed a judgment entered upon decision of the court on trial at Special Term. (Reported below, 38 Hun, 523, sub nomine Byrnes v. Lábagh.) This was an action for the partition of certain lands in the city of New York. The material facts are stated in the opinion. Where an estate is given in one part of a will in clear and decisive terms such estate cannot be taken away or cut down by any subsequent words that are not as clear and decisive as the…
1Opinion of the CourtMiller, J.
The question arising in this case depends upon the construction to be placed upon the provisions contained in the last will and testament of John W. Gilbert, deceased, which provisions, so far as material, are as follows: “ I give, devise and bequeath unto my daughter Maria, the wife of John Wood, for and during, and for the full end and term of her natural life, my two lots of ground situate, lying and being in the second (late third) ward of the city of Hew York, * * * and from and immediately after the decease of my said daughter Maria, I give, devise and bequeath the last aforesaid two…
2Cases cited11 opinions
- Moore v. LittelNew York Court of Appeals · 1869
- Moore v. LyonsNew York Supreme Court · 1840
- Roseboom v. . RoseboomNew York Court of Appeals · 1880
- Scott v. . GuernseyNew York Court of Appeals · 1871
- De Peyster v. ClendiningNew York Court of Chancery · 1840
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3Cited by62 opinions
- In re the Accounting of KroossNew York Court of Appeals · 1951
- Fowler v. DuhmeIndiana Supreme Court · 1896
- Washbon v. . CopeNew York Court of Appeals · 1895
- Archer v. JacobsSupreme Court of Iowa · 1904
- Meacham v. GrahamTennessee Supreme Court · 1897
57 more not listed; retrieve them via the Exa API.