Canfield v. . Fallon

Decided December 5, 1899

New York Court of Appeals · decided 1899-12-05

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, dated October 3, 1899, overruling defendants’ exceptions to a decision of the Special Term and fo an interlocutory judgment entered thereon, and denying a motion for a new trial, in an action for the partition of real and personal property belonging to the estate of Isaac I. Blauvelt, deceased. The questions certified were as follows : ■First.

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Decided 1899-12-05

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Cited by 5 later decisions — most recently May 2001

1 state decisions

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¶1 Order affirmed, with costs, on the opinion of the Special Term, and the questions certified answered as follows: Under the will of Isaac I. Blauvelt, a remainder in fee as to the real estate, and in absolute ownership as to the personal property, in an undivided one-half of all the property, real and personal, left at his death vested in his granddaughter, Julia Frances Archer, which was not divested by her death in the lifetime of her mother, but passed to the latter as her sole heir and next of kin, who had the power to dispose of the same by will.

¶2 All concur.