Post v. Post
New York Supreme Court
APPEAL from an order confirming a report of commissioners in partition. At some time previous to April, 1862, Cornelius Post, of Lodi, in the county of Yates, died seised in fee of a tract, or farm of land in said town, containing 459 acres, and leaving him surviving, his widow Christina, and heirs entitled to said lands.
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APPEAL from an order confirming a report of commissioners in partition. At some time previous to April, 1862, Cornelius Post, of Lodi, in the county of Yates, died seised in fee of a tract, or farm of land in said town, containing 459 acres, and leaving him surviving, his widow Christina, and heirs entitled to said lands. In April, 1862, proceedings were instituted to partition said land among said widow and heirs, and such proceedings were had, that commissioners were appointed to partition said-premises among the parties to the proceedings, in the shares or portions prescribed by the court.…
1Opinion of the Court
By the Court, Mullís, P. J.
The appellants’ counsel relies on two grounds to reverse the order of confirmation, to wit:
First. That the lands set off to .the widow, should have . been partitioned among the heirs, and if not susceptible of partition without injury to the heirs, that then they should be sold and the proceeds divided.
*194Second. The commissioners had no power to comp'el Cornelius Post to take the one hundred acres and pay so large an amount to the others of the heirs.
It was the duty of the commissioners,' on determining that the portion set off to the widow for her dower could not be…
2Cited by2 opinions
- Loring v. GroomerSupreme Court of Missouri · 1892
- Eisner v. CurielNew York Supreme Court · 1897