Kendall v. Miller
New York Supreme Court
Action to partition several different parcels of land. The defendant, Marietta Miller, set up in her answer the exclusive title to two of the parcels, under the last will and testament of her deceased father. The plaintiff and the other defendants contended that title to the parcels in question did not pass under the terms of the devise. This was the only question in the case. The other facts are Sufficiently set forth in the opinion of the court.
1Opinion of the CourtCountryman, J.
There is only one question presented for consideration, which is, the true construction to he given of the clause in the will devising to Marietta Miller “ the farm on which John Fox now lives, * * * bounded east war dly and westwardly by lands owned by M. D. Hall.”
It appears from the evidence that John Fox then occupied, under a written agreement with the testator, about 141 acres of land, composed of three several parcels or purchases, containing, in round numbers, one hundred, eighteen, and twenty-three acres, respectively. The lot of eighteen acres lies between the others, bounded…
2Cases cited3 opinions
- Van Kleeck v. Dutch ChurchNew York Supreme Court · 1838
- Doe v. RoeNew York Supreme Court · 1828
- Jackson ex dem. White v. WhiteNew York Supreme Court · 1811
3Cited by1 opinion
- In re the Construction of the Will of WoggonNew York Surrogate's Court · 1949