Knox v. . Jones
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, modifying a judgment of special term. The action was brought by the executor to obtain construction of the following will: “ In the name of God, Amen. I, Alfred Goldsborough Jones, of the city of Hew York, counselor-at-law, do make, publish and declare this to he my last will and testament. First. I do appoint my friend, John M. Knox, the executor of this my will. Second.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, modifying a judgment of special term. The action was brought by the executor to obtain construction of the following will: “ In the name of God, Amen. I, Alfred Goldsborough Jones, of the city of Hew York, counselor-at-law, do make, publish and declare this to he my last will and testament. First. I do appoint my friend, John M. Knox, the executor of this my will. Second. I do devise to my sister, Catharine Griffing, wife of Frederic Griffing, the sum of $1,000; to my sister, Georgiana, wife of J.…
1Opinion of the CourtAllen, J.
This court has only to do with the bequest of the personalty. The real property devised by the testator is situated in California, and whether the devise is valid depends upon the laws of that State.
Title to real estate can only be acquired or lost agreeably to the law of the place where the same is situated. (Abell v. Douglass, 4 Denio, 305.) The tenure, mode of enjoyment, transfer and descent of real property is regulated by the lex looi rei sitae. (2 Kent Com., 429; Story Confl. Laws, §§ 465,474.)
Whether, therefore, the trust created by the will as to the realty is valid, or whether it is…
2Cases cited7 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Schettler v. . SmithNew York Court of Appeals · 1869
- Wood v. WoodNew York Court of Chancery · 1836
- Gott v. CookNew York Court of Chancery · 1839
- Boynton v. HoytCourt for the Trial of Impeachments and Correction of Errors · 1845
2 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Herzog v. . Title Guarantee Trust Co.New York Court of Appeals · 1903
- Purdy v. . HaytNew York Court of Appeals · 1883
- In Re the Accounting of WilcoxNew York Court of Appeals · 1909
- Scott v. WestWisconsin Supreme Court · 1885
- Demorest v. City Bank Farmers Trust Co.Supreme Court of the United States · 1944
54 more not listed; retrieve them via the Exa API.