McCartney v. Titsworth
Appellate Division of the Supreme Court of the State of New York
. ■ Appeal by the defendant, Josiah E. Títsworth, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the cleric of the county of Allegany on the 2d day of J uly, 1906, apon the verdict of a jury rendered by direction of the court, and also (as stated in the notice of appeal) from an order entered in said clerk’s office on the 2d day of July, 1906, denying said defendant’s motion for a new.trial made upon the minutes. , . • ..
1Opinion of the Court
Williams, J.,:
The judgment and order should be affirmed, with costs.
The action was brought to recover damages against the defendant' Titsworth for waste,, and to declare his life estate forfeited by reason of such waste, -under section 1655 of the Code of Civil Procedure. The wife of the defendant Titsworth acquired title to the property in question by deed March 20; 1863, and held such title until her death, August 3,1901. She left, át.her death,.seven grandchildren, six named Gilman and one McCartney. She made a will, executed April 1, 1889, giving and devising to her husband all her real…
2Cases cited15 opinions
- Wood v. . RabeNew York Court of Appeals · 1884
- Ryan v. . DoxNew York Court of Appeals · 1866
- Wheeler v. . ReynoldsNew York Court of Appeals · 1876
- Goldsmith v. . GoldsmithNew York Court of Appeals · 1895
- Levy v. . BrushNew York Court of Appeals · 1871
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3Cited by10 opinions
- Rizika v. KowalskyNew York Supreme Court · 1954
- Kellogg v. KelloggAppellate Division of the Supreme Court of the State of New York · 1915
- Binkowski v. MoskiewitzAppellate Division of the Supreme Court of the State of New York · 1911
- Kushlowitz v. BlumNew York Supreme Court · 1929
- Evans v. KohnSupreme Court of Minnesota · 1910
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