Avery v. Everett
New York Supreme Court
Appeal by the defendant George Everett from a judgment entered upon the decision of the court, on a trial before the court-without a jury, at the Cayuga Circuit.
1Opinion of the Court
Haigi-it, J.:
This is an action in ejectment brought to recover the possession of lands. The facts were agreed upon, and are in substance as-follows: John H. Southwick died seized of the lands in question on the first day of September, 1869, leaving him surviving his wife Eliza Ann Southwick, his son Charles H. Southwick, and some other children. He left a last will and testament, which was-subsequently admitted to probate as a will of real and personal estate. So much of it as is material is as follows: “ I give and bequeath to my beloved wife Eliza Ann, all my household furniture and all the…
2Cases cited3 opinions
- In re DemingNew York Supreme Court · 1813
- Platner v. SherwoodNew York Court of Chancery · 1822
- Fish v. StoughtonNew York Supreme Court · 1801