Legal Opinion

Mersereau v. Katz

Appellate Division of the Supreme Court of the State of New York

Decided July 22, 1921PublishedCited by 5 opinions

Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure,

1Opinion of the Court

Manning, J.:

The controversy arises over the validity of the plaintiff’s title to certain real estate, contracted to be sold to the defendants. The stipulated facts are as follows:

“ II. Plaintiff is a daughter of Clark S. Merritt, deceased, who died a resident of said Port' Chester, May 8, 1863, leaving a will * * * proved before the Surrogate of Westchester County, May 22, 1863, whereby were devised her premises on the easterly side of South Main Street, Port Chester, ‘ for and during the term of her natural life, and upon her death I give and devise the same to her heirs forever.’
“ III.…

2Cases cited8 opinions

  1. Moore v. LittelNew York Court of Appeals · 1869
  2. Heath v. . HewittNew York Court of Appeals · 1891
  3. Heard v. HortonCourt for the Trial of Impeachments and Correction of Errors · 1845
  4. Cushman v. . HortonNew York Court of Appeals · 1874
  5. Jackson v. . LittellNew York Court of Appeals · 1874

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. In re Brooklyn Trust Co.New York Surrogate's Court · 1929
  2. In re the Estate of RichardsNew York Surrogate's Court · 1934
  3. In re the Construction of the Will of CortrightNew York Surrogate's Court · 1951
  4. In re the Accounting of BarryNew York Surrogate's Court · 1947
  5. Pendergast v. CutterNew York Supreme Court · 1921

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