Legal Opinion

Smith v. Balcom

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

Decided December 15, 1897PublishedCited by 7 opinions

Appeal by the plaintiff, Reuben L. Smith, from' so much of a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Erie on the 21st day of January, 1897, upon the decision of the court rendered after a trial at the Erie Special Term, as adjudges that certain lands situate in the town of Tonawanda, Erie county, described in the complaint in the action, vested in Martha J. Smith, deceased, absolutely as against the…

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Appeal by the plaintiff, Reuben L. Smith, from' so much of a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Erie on the 21st day of January, 1897, upon the decision of the court rendered after a trial at the Erie Special Term, as adjudges that certain lands situate in the town of Tonawanda, Erie county, described in the complaint in the action, vested in Martha J. Smith, deceased, absolutely as against the plaintiff, and that the plaintiff’s complaint be dismissed as to such premises.

1Opinion of the Court

Adams, J. :

The plaintiff seeks by this action to have certain premises situate in the towns"of Cheektowaga and Tonawanda, Erie county, the legal title to which is in the defendant Clara S. Balcom, as the residuary devisee of one Martha J. Smith, deceased, adjudged to be the property of the plaintiff, and to have been held in trust for him by Mrs. Smith at the time of her death.

Upon the trial it was conceded that the plaintiff was entitled to a conveyance of the Cheektowaga lands, and consequently the only-question which it will be necessary to consider upon this review is that which is…

2Cases cited1 opinion

  1. Ryan v. . DoxNew York Court of Appeals · 1866

3Cited by7 opinions

  1. McCartney v. TitsworthAppellate Division of the Supreme Court of the State of New York · 1907
  2. Whitaker v. WestbergNew York Supreme Court · 1925
  3. Thomas v. RobbertNew York Supreme Court · 1924
  4. Poppenhusen v. PoppenhusenNew York Supreme Court · 1910
  5. Widmayer v. WarnerAppellate Division of the Supreme Court of the State of New York · 1920

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