Wyman v. Wyman — 197 N.Y. 524

Majority

p. 524

Lemuel A. Wyman et al., Respondents, v. Mary Wyman, Individually and as Executrix of Isaac Wyman, Deceased, et al., Respondents, and Hattie Lorsch et al., Appellants.

Headnote

Wyman v. Wyman, 118 App. Div. 109 , affirmed.

(Argued November 30, 1909;

decided December 17, 1909.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 21,1907, modifying, and affirming as modified, a judgment entered upon a decision of the court on trial at Special Term in an action of partition.

C. Elliott Minor for appellants.

Lewis M. Isaacs and Harry Mack for plaintiffs, respondents.

p. 525

C. Arthur Levy and Leo Levy for Mary Wyman, individually and as executrix, defendant, respondent.

David B. Cahn for Randolph A. Wyman et al., infants, defendants.

Judgment affirmed, without costs, on the ground that in any view of the will the widow has an estate that bars a present action of partition; no opinion.

Concur: Cullen, Oh. J., Gray, Edward T. Bartlett, Haight, Willard Bartlett, Hiscooii and Chase, JJ.

Cases cited

Wyman v. Wyman 118 App. Div. 109 N.Y. App. Div. 1907-03-08 p. 524