Palmer v. . Culbertson
New York Court of Appeals
Appeal from judgment of the General Term of the-Supreme Court in the fifth judicial department, entered upon an order made October 4, 1892, which affirmed a judgment in favor of defendants entered upon the report of a referee. This was an action for partition. Augustus Palmer died intestate in Livingston county in April, 1891, leaving four children, his only heirs at law, the plaintiff and the defendants, Mary L. Culbertson, Cynthia O. Jackson and Addie Palmer.
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Appeal from judgment of the General Term of the-Supreme Court in the fifth judicial department, entered upon an order made October 4, 1892, which affirmed a judgment in favor of defendants entered upon the report of a referee. This was an action for partition. Augustus Palmer died intestate in Livingston county in April, 1891, leaving four children, his only heirs at law, the plaintiff and the defendants, Mary L. Culbertson, Cynthia O. Jackson and Addie Palmer. At the time of his death he owned a farm of about 162 acres. In May, 1861, he conveyed to the wife of the plaintiff 59 acres of land,…
1Opinion of the CourtEarl, J.
The learned counsel for the plaintiff claims that there was no evidence sustaining the findings of the referee as to the alleged advancement to the plaintiff. But a careful reading of the evidence satisfies us that there was abundant evidence. The plaintiff within a few days after his father’s death admitted to a number of persons who were called as witnesses for the defendants that his share of his father’s real estate had been conveyed to his wife, and substantially that he had no interest as heir in the land left by his father. These admissions by fair implication embrace the purpose for…
2Cases cited4 opinions
- Dilley v. LoveCourt of Appeals of Maryland · 1884
- Proseus v. McIntyreNew York Supreme Court · 1849
- Astreen v. FlanaganNew York Court of Chancery · 1839
- Rogers v. MayerMississippi Supreme Court · 1882
3Cited by4 opinions
- Pylant v. BurnsSupreme Court of Georgia · 1922
- Hilton v. HiltonSupreme Judicial Court of Maine · 1907
- Shehy v. CunninghamOhio Supreme Court · 1909
- Uihlein v. . MatthewsNew York Court of Appeals · 1902