Wells v. Rowland
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Mabel R. Shoemaker and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 14th day of June, 1912, upon the decision of the court, rendered after a trial at the Kings County Special Term, overruling a demurrer to the amended complaint made upon the ground that the complaint did not state facts sufficient to constitute a cause of action in an action…
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Appeal by the defendants, Mabel R. Shoemaker and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 14th day of June, 1912, upon the decision of the court, rendered after a trial at the Kings County Special Term, overruling a demurrer to the amended complaint made upon the ground that the complaint did not state facts sufficient to constitute a cause of action in an action for the partition of real property.
1Opinion of the Court
Burr, J.:
Sophronia Rowland died in September, 1888, owning real property, leaving a last will and testament containing, among others, the following provisions:
“ First, after all my lawful debts are paid and discharged, I give and bequeath to my children, Adeline E. Wells, Sophronia Pereira, William A. Rowland, Jared S. Rowland and Ellen M. Wheeler, a life interest in my places No. 42 So. 9th St., and No. 304 So. 3rd St. in the City of Brooklyn, County of Kings and State of New York, (or the value received therefor, if I before or my children after my death (as provided for in this will)…
2Cases cited2 opinions
- Vanderpoel v. . LoewNew York Court of Appeals · 1889
- Graham v. GrahamNew York Supreme Court · 1905
3Cited by5 opinions
- In re TrevorNew York Surrogate's Court · 1922
- In re the Accounting of McKernanNew York Surrogate's Court · 1955
- In re the Estate of BallNew York Surrogate's Court · 1968
- In re the Estate of VogesNew York Surrogate's Court · 1935
- Victory Lunch, Inc. v. CarllNew York Supreme Court · 1949