Adams v. Smith
New York Supreme Court
Trial before referee. This action, was brought by John Hunt Adams against Harlan P. Smith and others to partition the real estate of which Sidney Smith, a lunatic, died seized. Jonathan Hunt died in 1847, leaving a large amount of real estate situated in the city of New York, subject to mortgages.
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Trial before referee. This action, was brought by John Hunt Adams against Harlan P. Smith and others to partition the real estate of which Sidney Smith, a lunatic, died seized. Jonathan Hunt died in 1847, leaving a large amount of real estate situated in the city of New York, subject to mortgages. By a decree in a partition suit between his heirs, entered in October, 1849, nine of the thirty-four parcels constituting his real estate were set off to Sidney Smith, who was then a lunatic, and who remained so without a single lucid interval until his death in 1886. At the time of the lunatic’s…
1Opinion of the Court
Francis Lynde Stetson, Referee.
[After deciding the first two principal questions, as stated in the head-notes.] The third principal question is that as to which the contest before me has been most strenuous, and my decision may be most open to question in view of the divergence of authority in the ninety cases cited before me on the proposition that, in some way, or upon some principle, the lunatic’s next of kin are equitably entitled to an allowance ■or recovery of about $51,000, expended by the committee between 1850 and 1863, and probably draivn from the personal estate for the discharge…
2Cases cited44 opinions
- Scott v. . GuernseyNew York Court of Appeals · 1871
- Ford v. . KnappNew York Court of Appeals · 1886
- Gay v. ParpartSupreme Court of the United States · 1883
- Prentice v. . JanssenNew York Court of Appeals · 1880
- Horton v. . McCoyNew York Court of Appeals · 1871
39 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In re the Judicial Settlement of the Account of Proceedings of YoungsNew York Surrogate's Court · 1911
- Rotenbach v. YoungNew York Supreme Court · 1922
- Brandreth v. BrandrethNew York Supreme Court · 1907
- In re the Probate of the Last Will & Testament of HealyNew York Surrogate's Court · 1899
- Nelson v. NelsonNew York Supreme Court · 1919
1 more not listed; retrieve them via the Exa API.