McGillis v. . McGillis
New York Court of Appeals
Appeal, by certification, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 11, 1897, reversing in part and affirming in part an interlocutory judgment in partition, entered upon the report of a referee. The facts, so far as material, and the questions certified are stated in the opinion.
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Appeal, by certification, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 11, 1897, reversing in part and affirming in part an interlocutory judgment in partition, entered upon the report of a referee. The facts, so far as material, and the questions certified are stated in the opinion. The question as to what shares Mrs. McGillis’ lawful issue would take, upon the termination of her life estate, could not be determined until her death on December 8, 1893, nor could such remainder take effect until her death. (1 R. S. 725, § 29.)…
1Opinion of the CourtHaight, J.
This action was brought for the partition of real estate and for the enforcement of a lien by the defendant Hayden on the interests of the infant defendant, Morrison M. E. Jarvis.
William Caldwell died in the year 1848, leaving a last will and testament, in which he devised certain property in Albany and Warren counties, in this state, to his daughter, Eliza McGillis, for life, and in case her husband survived her, to him •for life, and then providing, “ From and after the decease of both my said daughter and her said husband, I give, devise and bequeath the remainder, or fee simple in said…
2Cases cited12 opinions
- Baer v. HendricksNew York Court of Appeals · 1895
- Smith v. . EdwardsNew York Court of Appeals · 1882
- Hersee v. . SimpsonNew York Court of Appeals · 1897
- Kent v. . Church of St. MichaelNew York Court of Appeals · 1892
- Putnam v. RitchieNew York Court of Chancery · 1837
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3Cited by27 opinions
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- Paget v. . MelcherNew York Court of Appeals · 1898
- Chicago, Indianapolis & Louisville Railway Co. v. BeiselIndiana Court of Appeals · 1952
- Hackleman v. HacklemanIndiana Court of Appeals · 1925
- Kinkead v. RyanNew Jersey Court of Chancery · 1903
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