Kain v. . Masterton
New York Court of Appeals
Appeal from the Supreme Court. Francis Kain died on the 7th of June, 1844, intestate and without issue. His heirs-at-law were William Kain, and the children of a deceased brother, James. William Kain conveyed his undivided interest in the real estate, of which the intestate died seized, to Augustus W. Clason, on the 16th January, 1845. His widow, Henrietta, who afterwards intermarried with Clinton Bird, was appointed his administratrix.
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Appeal from the Supreme Court. Francis Kain died on the 7th of June, 1844, intestate and without issue. His heirs-at-law were William Kain, and the children of a deceased brother, James. William Kain conveyed his undivided interest in the real estate, of which the intestate died seized, to Augustus W. Clason, on the 16th January, 1845. His widow, Henrietta, who afterwards intermarried with Clinton Bird, was appointed his administratrix. She afterwards applied to the surrogate of Westchester county, where the intestate resided in his lifetime and at the time of his death, for the usual order…
1Opinion of the CourtBrown, J.
It will be observed that William Kain, the appellant, maintains towards these proceedings a very peculiar relation. He succeeded to the rights and to some of the obligations of the administratrix, who instituted and conducted them to a sale and a report and a prayer for confirmation. He also unites in his own person such rights to the lands as Augustus W. Clason had at the time of his death, and which he acquired after the sale, the report and prayer for confirmation, and after Clason had interposed and litigated his only objection to the sale, which was, that it was not required to pay the…
2Cited by3 opinions
- Hoefer v. City of MilwaukeeWisconsin Supreme Court · 1913
- In re FarrellAppellate Division of the Supreme Court of the State of New York · 1999
- La Forge v. LatouretteAppellate Division of the Supreme Court of the State of New York · 1908