Preston v. Howk
Appellate Division of the Supreme Court of the State of New York
Appeal "by the plaintiffs, George IT. Preston and another, from a judgment of the Supreme Court in favor of the defendants, entered in'the office of the clerk of the county of. Wayne on the 1st day -of July, 189.5, upon the decision of the court rendered after a trial at the Wayne Special Term, and also from an order bearing date the 24th day of June, 1895, and entered in said clerk’s office, granting costs and an extra allowance of $150 to the defendants.
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Appeal "by the plaintiffs, George IT. Preston and another, from a judgment of the Supreme Court in favor of the defendants, entered in'the office of the clerk of the county of. Wayne on the 1st day -of July, 189.5, upon the decision of the court rendered after a trial at the Wayne Special Term, and also from an order bearing date the 24th day of June, 1895, and entered in said clerk’s office, granting costs and an extra allowance of $150 to the defendants. The action, which was brought for the partition of certain lands, was tried at a Special Term in Wayne county, and the court made findings…
1Opinion of the Court
Hardin, P. J.:
Plaintiffs’ complaint particularly described two parcels of real estate owned by the deceased at the time of her death, and is framed *46for the purpose of having partition of such real estate between the plaintiffs and the defendant, Delia 0. Hicks, who are alleged to be the heirs at law, and to whom it is alleged the' property of the testatrix descended.
The prayer of the complaint, among other things, asks that “ The pretended devise to the trustees of the Presbyterian Church at Ontario Center,” mentioned in the will, “be declared null and void, and that the said instrument, so…
2Cases cited7 opinions
- Bird v. . MerkleeNew York Court of Appeals · 1895
- Locke v. Farmers' Loan & Trust Co.New York Court of Appeals · 1893
- Methodist Episcopal Union Church v. . PickettNew York Court of Appeals · 1859
- N.Y. Institution for the Blind v. . How's Ex'rs.New York Court of Appeals · 1854
- Burke v. CandeeNew York Supreme Court · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In re LampsonAppellate Division of the Supreme Court of the State of New York · 1898
- In re the Estate of CameronNew York Surrogate's Court · 1920
- In re the Estate of Leo-WolfNew York Surrogate's Court · 1898
- Old Ladies Home Ass'n v. Grubbs' EstateMississippi Supreme Court · 1940