Smith v. . Bowen
New York Court of Appeals
Appeal from order granting new trial, with stipulation for final judgment. The case was this, in substance: On the 12th October, 1835, one Ebenezer Titus died, leaving a last will and testament, which was admitted to probate on the 12tli March, 1836. A clause of the will was as follows: " All my estate, both personal and real, of which I shall die possessed, which is not hereinafter specified as given to my dear children, I give to my beloved wife Martha, to be used and…
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Appeal from order granting new trial, with stipulation for final judgment. The case was this, in substance: On the 12th October, 1835, one Ebenezer Titus died, leaving a last will and testament, which was admitted to probate on the 12tli March, 1836. A clause of the will was as follows: " All my estate, both personal and real, of which I shall die possessed, which is not hereinafter specified as given to my dear children, I give to my beloved wife Martha, to be used and disposed of, at her discretion, for the benefit of herself and my daughters, Mercy B., Larissa, and Mary Ann.” Of these…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The judge at Special Term held that by virtue of the conveyance from Mrs. Titus to Mrs. Bowen, one of the defendants, the latter became seized in fee of the premises, and gave judgment dismissing the complaint. The question is, whether, upon the facts of the case, as conceded and found by the judge, there was a correct disposition of it.
The land conveyed was owned by Ebenezer Titus at the time of his death. He died in 1835, leaving a will containing the…
2Cited by9 opinions
- Roberts v. StevensSupreme Judicial Court of Maine · 1892
- In re the Accounting of New York Trust Co.New York Surrogate's Court · 1951
- Oberndorf v. Farmers' Loan & Trust Co.New York Supreme Court · 1911
- Blouin v. PhaneufSupreme Judicial Court of Maine · 1889
- Clark v. JacobsNew York Supreme Court · 1878
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