26 A.D. 311 | N.Y. App. Div. | 1898
This action is. brought to recover an undivided one-seventeenth part of certain real estate in Westchester county. The complaint sets forth that one Frances Lyons was seized in fee and possessed of the premises; that on the 28th day of January, 1897, she executed and delivered to the defendant Yonder Bosch what purported to be a conveyance of the same ; -that thereafter the said Frances Lyons' made and executed a paper purporting to be her last will and testament, whereby she devised the same premises to said defendant; that on the 8th day of June, 1897, the said Frances Lyons died intestate, leaving this plaintiff one of her heirs at law'and entitled to - one-seventeenth of her real estate; that at the time of the execution of the said deed and will the said Frances Lyons was of unsound mind, incompetent-to make a deed or will, and that the same were procured by the fraud of the defendant. The plaintiff demands judgment that she be' awarded an, undivided one-seventeenth' part of the premises, with damages for withholding the possession from her; that the pretended conveyance and alleged will be declared invalid and be set aside and canceled of record, and that the defendant Yonder Bosch be barred from setting up title under the same.
The order appealed from should be affirmed, with ten dollars costs and disbursements.
All concurred.
Order affirmed, with ten dollars costs and disbursements.