Emmet v. Emmet
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William Temple Emmet, from so much of an interlocutory judgment of the Supreme Court, entered in the office of the clerk of the county of Westchester on the 19th day of August, 1901, upon the report of a referee, as sustains the exceptions filed by the defendant Mary Olyphant Emmet, by her guardian ad litem, to such report, and modifies the said report in accordance with such exceptions.
1Opinion of the Court
Hirschberg, J.:
The action is for the partition of real estate, and the determination of the only controversy depends upon the construction to be placed upon the will of Katharine Emmet, devising the real estate. This will was executed on the 28th day of February, 1871, at which time the testatrix had but one child. At the date of her death, viz., September 25, 1895, she had six children, all living, and one of •them, and one only, a son, had a child, to wit, the infant defendant, Mary Olyphant Emmet, whose father, however, has since died. The question in the case is whether the real estate…
2Cases cited6 opinions
- Soper v. . BrownNew York Court of Appeals · 1892
- Palmer v. . HornNew York Court of Appeals · 1881
- Drake v. . DrakeNew York Court of Appeals · 1892
- Schmaunz v. GössMassachusetts Supreme Judicial Court · 1882
- Chwatal v. . SchreinerNew York Court of Appeals · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Lea v. LeaTennessee Supreme Court · 1921
- In re the Judicial Settlement of the Account of the Farmers' Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1914
- New York Life Insurance & Trust Co. v. PhelpsNew York Supreme Court · 1919