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Duck Island Corporation v. Jones

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1928
225 App. Div. 696 (N.Y. App. Div. 1928)

Opinion

November, 1928.

Present — Lazansky, P.J., Rich, Kapper, Hagarty and Carswell, JJ.


Judgment unanimously affirmed, with costs. A fair construction of the documentary evidence herein, without regard to the incompetency proceeding affecting Sally G. Gardiner, leads to the conclusion that Duck Island Beach was allotted in the partition action to Sally G. Gardiner by force of the language of the allotment to her of "Duck Island and the meadows adjoining said Island not hereinafter allotted" since there was no specific allotment "hereinafter" to the defendants' predecessors or any one else of any part of Duck Island Beach, which in fact contain meadows and adjoins Duck Island. The result herein is arrived at without considering the alleged conversation had with Mrs. Henderson, deceased.


Summaries of

Duck Island Corporation v. Jones

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1928
225 App. Div. 696 (N.Y. App. Div. 1928)
Case details for

Duck Island Corporation v. Jones

Case Details

Full title:DUCK ISLAND CORPORATION, Respondent, v. CHARLES H. JONES and Others, as…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 1, 1928

Citations

225 App. Div. 696 (N.Y. App. Div. 1928)