Hall v. . Hall
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of defendants entered upon an order setting aside a verdict in favor of plaintiffs, and directing judgment absolute for defendants.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of defendants entered upon an order setting aside a verdict in favor of plaintiffs, and directing judgment absolute for defendants. (Reported below, 13 Hun, 306.) This was an action for partition, brought under the act of 1853 (ch. 238, Laws of 1853) in relation to disputed wills; plaintiffs, as heirs-at-law, claiming partition, of lands devised to and in possession of the defendants, Jeremiah B. and Susannah E. Spaulding. William Hall, the testator, the common…
1Opinion of the CourtAndrews, J.
The validity of the devise in remainder, in the will of William Hall, to the children of his sister Sarrissa, is the question presented in this case.
There is no question as to the competency of the testator to make a will disposing of the lands in controversy. He held them by an absolute and indefeasible title in fee, and having been naturalized before his death, he was not under the disability of alienage, and there was no impediment to his disposing of his lands by will to any person or persons whomsoever, provided only, that the devisees were, under our laws, competent to take by devise.…
2Cases cited4 opinions
- Downing v. . MarshallNew York Court of Appeals · 1861
- Wright v. . SaddlerNew York Court of Appeals · 1859
- Goodrich v. . RussellNew York Court of Appeals · 1870
- Wadsworth v. . WadsworthNew York Court of Appeals · 1855
3Cited by9 opinions
- Commercial Credit Co. v. DavidsonCourt of Appeals for the Fifth Circuit · 1940
- Ellerson v. . WestcottNew York Court of Appeals · 1896
- McCormack v. . CoddingtonNew York Court of Appeals · 1906
- Gerald v. QuamNew York Supreme Court · 1881
- George v. PeopleNew York Supreme Court · 1943
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