Robinson v. . Martin
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 2, 1910, which reversed an interlocutory judgment of Special Term construing the will of Mary J. Martin, deceased. The facts, so far as material, and the question certified are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 2, 1910, which reversed an interlocutory judgment of Special Term construing the will of Mary J. Martin, deceased. The facts, so far as material, and the question certified are stated in the opinion. The words “ upon the death of,” “ from and after the death of,” “ at the death of,” or any like expression relating to the termination of a life estate by the death of a life tenant or life beneficiary, followed by a devise or bequest of a remainder in equal shares,…
1Opinion of the CourtGray, J.
This action was brought to have a clause of the will of Mary J. Martin judicially construed ; by which a share of her estate upon the decease of a child, for whose benefit during his life it was to be held in trust, was given to testatrix’ “ unmarried daughters in equal shares.” The Appellate Division has certified the question for our review whether the clause should be construed “ to include all of the daughters of the testatrix, who were unmarried at .the date of her death, or only such of them as were unmarried at the date of the death of her son, the life beneficiary.” Upon this question…
2Cases cited3 opinions
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- Teed v. . MortonNew York Court of Appeals · 1875
- Weeks v. . CornwellNew York Court of Appeals · 1887
3Cited by87 opinions
- In Re the Accounting of BuechnerNew York Court of Appeals · 1919
- In re the Accounting of United States Trust Co.New York Court of Appeals · 1957
- Cammann v. . BaileyNew York Court of Appeals · 1913
- Salter v. . DrowneNew York Court of Appeals · 1912
- Matter of PulisNew York Court of Appeals · 1917
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