Legal Opinion

Ledwith v. Claffey

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1897PublishedCited by 2 opinions

Appeal by the defendant, Anne Claffey, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Rockland on the 5tli day of July, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 18th day of May, 1896j denying. the defendant’s motion for a new trial made upon the minutes

1Opinion of the Court

Bradley, J.:

The action was brought for the partition of real property of which James Ledwith, the grandfather of the plaintiff, died seized. The only heirs of James Ledwith, deceased, were the plaintiff and the •defendant. The plaintiff charged that the alleged devise made by his grandfather of his real property was void. The contest had relation to the validity of an alleged will of James Ledwith, who ■died in July, 1894, at the age of eighty-four years. The date of the will was May 15, 1890, when he was living with his two daughters, the defendant and Julia, on his farm in Bergen county, N.…

2Cases cited7 opinions

  1. Tyler v. . GardinerNew York Court of Appeals · 1866
  2. Gardiner v. GardinerNew York Court of Appeals · 1865
  3. In Re the Probate of the Will of SnellingNew York Court of Appeals · 1893
  4. De Witt v. . Barly and SchoonmakerNew York Court of Appeals · 1858
  5. Corley v. . McElmeelNew York Court of Appeals · 1896

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3Cited by2 opinions

  1. Werner v. WheelerAppellate Division of the Supreme Court of the State of New York · 1911
  2. Werner v. WheelerAppellate Division of the Supreme Court of the State of New York · 1911

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