SMITH v. INC. VILL. OF PATCHOGUE


285 A.D. 1190 (1955)

Ruth K. Smith et al., Individually and on Behalf of Themselves and All Heirs at Law and Distributees of Augusta J. S. Weeks, Deceased, Appellants-Respondents, v. Incorporated Village of Patchogue, Respondent-Appellant, and Charlotte G. S. Osborne et al., Incompetents, by James Melton, Guardian ad Litem, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 31, 1955.


Plaintiffs sought for themselves and others to eject the defendant village from certain land devised to it for use as a park by the will of Augusta J. Smith Weeks. In accordance with directions in the will, the village used the land for park purposes and a portion of funds bequeathed to it to fence the park and erect a monument, and continued to devote the land to park purposes until recently when approximately half of it was appropriated by the State of New York under the...

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