Schwencke v. Haffner
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Louisa Iiaffner, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the_ county of Kings on the 7th day of January, 1897, upon the decision of the court rendered after a trial at the Kings Special Term, adjudging that certain persons, not parties to the action, have no interest in the premises described in the complaint. The action was brought to partition, certain real' property.
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Appeal by the defendant, Louisa Iiaffner, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the_ county of Kings on the 7th day of January, 1897, upon the decision of the court rendered after a trial at the Kings Special Term, adjudging that certain persons, not parties to the action, have no interest in the premises described in the complaint. The action was brought to partition, certain real' property. The will of Christopher Huss, mentioned in the complaint, is as follows: “ In the Name ob God, Amen : “ I, Christopher…
1Opinion of the Court
Per Curiam :
The true construction- of the will of Christopher Iiuss, the common ancestor of the parties, from whom they have obtained title to the premises sought to be partitioned, is riot free from doubt. The subject will stand much more discussion and- examination than the 'counsel have seen fit to bestow upon it,- possibly for the reason that the .point hereinafter suggested had not. been called to the attention of-the attorney. We do not think it necessary to determine fully, what construction should be placed upon the will,.in the absence of parties who maybe affected by our decision.…
2Cases cited3 opinions
- Haxtun v. CorseNew York Court of Chancery · 1848
- Toole v. . TooleNew York Court of Appeals · 1889
- Patchen v. . PatchenNew York Court of Appeals · 1890
3Cited by6 opinions
- In re the Accounting of WidmannNew York Surrogate's Court · 1952
- Clark v. GroshNew York Supreme Court · 1913
- Schwencke v. HaffnerNew York Supreme Court · 1898
- Clark v. GroshNew York Supreme Court · 1912
- Foote v. PeasleeAppellate Division of the Supreme Court of the State of New York · 1923
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