Floyd v. . Carow
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made March 7, 1881, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. ) This action was brought by plaintiff, who claimed as sole heir at law of Robert Kermit, deceased, to recover possession of certain lots in the city of New York.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made March 7, 1881, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. ) This action was brought by plaintiff, who claimed as sole heir at law of Robert Kermit, deceased, to recover possession of certain lots in the city of New York. The said Robert Kermit left a will, which in the first clause stated it to be his desire to make “ a suitable and proper disposition of such worldly estate” as he…
1Opinion of the Court
Andrews, Ch. J.
It is an established rule in the construction of wills, that unless a plain intention to the contrary appears, a general residuary clause operates upon, and carries to the residuary devisee all reversionary interests in lands owned by the testator at the time of making the will, not embraced in other dispositions, whether such reversionary interests are immediate or contingent and remote; and the rule is the same whether the estate of the testator was a reversion only, or the reversion was created by the devise in his will of a less interest than a fee, or arises from a…
2Cases cited3 opinions
- Bowers v. SmithNew York Court of Chancery · 1843
- Youngs v. . YoungsNew York Court of Appeals · 1871
- Hambleton v. DarringtonCourt of Appeals of Maryland · 1872
3Cited by43 opinions
- Booth v. Baptist Church of Christ of PoughkeepsieNew York Court of Appeals · 1891
- Harrington v. PierWisconsin Supreme Court · 1900
- Riker v. . CornwellNew York Court of Appeals · 1889
- Lamb v. . LambNew York Court of Appeals · 1892
- Ingham's EstateSupreme Court of Pennsylvania · 1934
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