Geisse v. Bunce
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, George W. Bunce, individually and as executor, etc., of Elizabeth 1VI. Bunce, deceased, and another, from portions of a judgment of the Supreme Court in favor of the plaintiffs and certain of the defendants,, entered in the office of the ‘ clerk of the county of New York as of the 17th day of April, 1897, upon the decision of the court rendered after a trial at the1. New York Special Term.
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Appeal by the defendants, George W. Bunce, individually and as executor, etc., of Elizabeth 1VI. Bunce, deceased, and another, from portions of a judgment of the Supreme Court in favor of the plaintiffs and certain of the defendants,, entered in the office of the ‘ clerk of the county of New York as of the 17th day of April, 1897, upon the decision of the court rendered after a trial at the1. New York Special Term. The action was brought for the construction of two certain trusts, for instructions in executing the same, and for the settlement of the trustee’s accounts. By deed executed in…
1Opinion of the Court
Barrett, J.:
We think the learned judge at Special Term erred in treating this case as though a legal life estate had been created in the two daughters of Cynthia A. Bunee, with a vested remainder to their children, and with a contingent remainder to the other individuals specified. Instead of this, the whole title was vested in the trustee during the joint lives of Elizabeth M. Bunee and Sara F. Bunee, and the life of the survivor. After the death of .the survivor he is directed to sell the land and divide the proceeds equally between the then living children of these life beneficiaries and…
2Cases cited3 opinions
- Warner v. . DurantNew York Court of Appeals · 1879
- Delaney v. . McCormackNew York Court of Appeals · 1882
- Vincent v. . NewhouseNew York Court of Appeals · 1881
3Cited by10 opinions
- In re the Accounting of LambAppellate Division of the Supreme Court of the State of New York · 1918
- De Vries v. De VriesCalifornia Court of Appeal · 1911
- In re HoadleyDistrict Court, S.D. New York · 1900
- Metropolitan Trust Co. v. KransAppellate Division of the Supreme Court of the State of New York · 1919
- Train v. DavisNew York Supreme Court · 1906
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