Scott v. Guernsey
New York Supreme Court
THIS was an action for the partition or sale of certain lands in the village of Norwich, N. Y, consisting of a block of stores, certain other buildings, and other lands suitable for village building lots, in all about twelve acres of land. The title was iu question, depending upon the construction to be given to the will of William Spier, deceased. The plaintiffs demanded a construction of the will, a partition or sale of the land, and aii accounting for rents received.
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THIS was an action for the partition or sale of certain lands in the village of Norwich, N. Y, consisting of a block of stores, certain other buildings, and other lands suitable for village building lots, in all about twelve acres of land. The title was iu question, depending upon the construction to be given to the will of William Spier, deceased. The plaintiffs demanded a construction of the will, a partition or sale of the land, and aii accounting for rents received. The original plaintiffs, four in number, and three of the defendants, were the children and heirs at law of Polly Thompson,…
1Opinion of the Court
By the Court, Parker, P. J.
This is an action for partition. The parties all claim under the will of William Spier, bearing date May 24, 1821, to which a codicil was added October 4, 1830. The testator died in 1833. The clause of the will on which the title of these parties, to the lands in question, depends, is as follows : “I give my eldest daughter, Polly Guernsey, in addition to what I have already given her, a lot of land containing thirty-five acres, together with all the privileges and appurtenances belonging, or in anywise appertaining, (except where, on any part of the premises, I…
2Cases cited7 opinions
- Putnam v. RitchieNew York Court of Chancery · 1837
- Roome v. . PhillipsNew York Court of Appeals · 1862
- Hannan v. OsbornNew York Court of Chancery · 1834
- Williams v. ShermanNew York Supreme Court · 1831
- De Kay v. Irving & De KayCourt for the Trial of Impeachments and Correction of Errors · 1846
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3Cited by21 opinions
- Kalteyer v. WipffTexas Supreme Court · 1899
- In re Lamb's EstateMichigan Supreme Court · 1899
- Heinze v. Butte & Boston Consolidated Min. Co.Court of Appeals for the Ninth Circuit · 1903
- Nash v. SimpsonSupreme Judicial Court of Maine · 1886
- Kean v. ConnellySupreme Court of Minnesota · 1878
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