101 Misc. 474 | N.Y. Sup. Ct. | 1917
This is an action for the partition of real property. The complaint was dismissed on the first trial, but on appeal to the Court of Appeals from a judgment of the Appellate Division, affirming the dismissal, the judgment was reversed and a new trial ordered. The real property in question was part of the estate of Conrad Vreeland, deceased, who died a resident of New Jersey, possessed of personal property and seized of real property in New York and New .Jersey. He left a will by which, with slight exceptions,
The next question which requires consideration is as to the construction of the will of Thomas B. Vreeland. He was a brother of Conrad Vreeland and was living at the latter’s decease, but has
The contest over the construction of this will and
I think that Carrie M. Vreeland, widow of Conrad, accepted the provisions of his will in her favor in lieu of dower. In fact, this contention on the part of the plaintiff does not appear to be Contested.
Let the plaintiff prepare findings and interlocutory judgment in accordance with these conclusions and notice them for settlement on or before November 19, 1917. Bequests to find may be presented at the same time. On the settlement of the interlocu
Ordered accordingly.