Van Williams v. Elias
Appellate Division of the Supreme Court of the State of New York
Appeal by William C. Hamilton and another, purchasers upon a sale under a decree in a partition action, from an order of the Supreme Court, made at the Ulster Special Term and entered in the office of the clerk of the county of Ulster on the 22d day of April, 1905, denying the appellants’ motion to be relieved from their purchase at such sale.
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Appeal by William C. Hamilton and another, purchasers upon a sale under a decree in a partition action, from an order of the Supreme Court, made at the Ulster Special Term and entered in the office of the clerk of the county of Ulster on the 22d day of April, 1905, denying the appellants’ motion to be relieved from their purchase at such sale. The property which was the subject of the partition action was formerly the property of one Leonard' Elias, who died upon July 13,1896, leaving him surviving his wife, Mary Elias, and two grandchildren, one, Mary Elias, and the other, William Adam…
1Opinion of the Court
Smith, J.:
■ Wesley- D. Hale, as trustee under the will of Leonard Elias, was discharged by decree of the Surrogate’s Court in November, 1904. The action of partition was brought ■ September twenty-sixth' prior thereto. Even though a necessary party at the commencement of the action, his subsequent discharge before the judgment would ■seem to have divested him of all interest in the controversy.
That Beatrice was a necessary party to this action in order to convey a perfect title would seem to me undoubted. William Adam Elias took no title whatever unless he was living upon .the 2d day of…
2Cases cited3 opinions
- Vought v. . WilliamsNew York Court of Appeals · 1890
- Shriver v. . ShriverNew York Court of Appeals · 1881
- Ingersoll v. . MangamNew York Court of Appeals · 1881
3Cited by4 opinions
- In re the Estate of KatzNew York Surrogate's Court · 1930
- Gruner v. RuffnerAppellate Division of the Supreme Court of the State of New York · 1909
- In re the Estate of BeckleyAppellate Division of the Supreme Court of the State of New York · 1978
- Ward v. WardNew York Supreme Court · 1930