Bailey v. Southwick
New York Supreme Court
Appeal by plaintiff from a judgment dismissing plaintiff’s complaint at the Albany Circuit and Special Term, December, 1870. The plaintiff brought an action, alleging in his complaint that one Jesse Duel died October 1, 1839, seized and possessed of a large quantity of real estate, having made a last will and testament, which, on the 21st day of October, 1839, was admitted to probate by the surrogate of Albany county.
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Appeal by plaintiff from a judgment dismissing plaintiff’s complaint at the Albany Circuit and Special Term, December, 1870. The plaintiff brought an action, alleging in his complaint that one Jesse Duel died October 1, 1839, seized and possessed of a large quantity of real estate, having made a last will and testament, which, on the 21st day of October, 1839, was admitted to probate by the surrogate of Albany county. That among other children the said Jesse left him surviving a daughter Julia, who afterward married one Henry C. South-wick, now deceased, and that the defendants other than…
1Opinion of the CourtP. Potter, J.
The complaint in this action, in substance, is to obtain legal and judicial determination and construction *361of the last will of the late Jesse Buel, of Albany, as it affects certain real estate in said city. The testator devised to his two sons, Charles and William P., and to his daughter, Julia C., who is the defendant (Julia C. Southwick), each, certain real estate; and to the latter, Julia C., the premises in question, as follows:
“To my daughter, Julia C. Buell, I give, devise and bequeath, subject to the condition and contingency hereafter mentioned, four lots on Washington street, in the…
2Cases cited3 opinions
- Bowers v. SmithNew York Court of Chancery · 1843
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