Masterson v. . Townshend
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of blew York, entered upon an order made April 1, 1889, which affirmed a judgment entered upon an order of Special Term overruling a demurrer to plaintiff’s' complaint. This was an action of ejectment. The complaint, after alleging the seizure of certain real estate by William H. Masterson and.
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Appeal from judgment of the General Term of the Superior Court of the city of blew York, entered upon an order made April 1, 1889, which affirmed a judgment entered upon an order of Special Term overruling a demurrer to plaintiff’s' complaint. This was an action of ejectment. The complaint, after alleging the seizure of certain real estate by William H. Masterson and. Peter Masterson, as tenants in common, sets forth William’s death and the devise in his will of the property to his executor, upon a certain trust during his wife’s life, or widowhood. The provision of the will was set forth in…
1Opinion of the CourtGray, J.
In order that plaintiff’s right to the possession ■of the premises in question and to the relief he demands shall appear well founded in law, his complaint must disclose, on its face, such a state of facts as that their admission by the defendant’s demurrer would leave but the legal conclusion to be drawn in his favor. For some undisclosed reason, the case below was treated and disposed of as though by the demurrer the allegations of the complaint, as to the legal conclusion of a title and interest in the plaintiff, were substantially admitted, and the testamentary devise, which lies at the…
2Cases cited3 opinions
- Purdy v. . HaytNew York Court of Appeals · 1883
- Hyatt v. . ClarkNew York Court of Appeals · 1890
- Jackson ex dem. Herkimer v. BillingerNew York Supreme Court · 1820
3Cited by57 opinions
- In re the Estate of ThallNew York Court of Appeals · 1966
- In re SelnerAppellate Division of the Supreme Court of the State of New York · 1941
- In re the Estate of WeissmannNew York Surrogate's Court · 1930
- Close v. Farmers' Loan & Trust Co.New York Court of Appeals · 1909
- Matter of BieleyNew York Court of Appeals · 1998
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