Adams v. . Massey
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 13, 1905, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. John A. Sherman, formerly of the city of Watertown, died on the 25th of March, 1882, when he was about seventy-five years of age.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 13, 1905, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. John A. Sherman, formerly of the city of Watertown, died on the 25th of March, 1882, when he was about seventy-five years of age. He left a last will and testament, dated January 1st, 1877, executed on the 20tli of April following and admitted to probate on the 10th of April, 1882. The plaintiff is his legal representative. He left him…
1Opinion of the CourtVann, J.
The question presented for decision is whether the testator intended by the seventh clause of his will to include the property mentioned in the second clause and thus to destroy the limitation in the latter by making the gift absolute instead of for life only. The question is difficult, and it is but natural that learned .judges should differ as to the solution. We appreciate the able argument of the Appellate Division and should be glad to follow it, but the law requires us to decide the ease upon our own judgment, and if in our opinion the weight of reason is on the side of the appellant,…
2Cases cited6 opinions
- Roseboom v. . RoseboomNew York Court of Appeals · 1880
- Van Nostrand v. . MooreNew York Court of Appeals · 1873
- Goodwin v. . CoddingtonNew York Court of Appeals · 1897
- Banzer v. . BanzerNew York Court of Appeals · 1898
- Trustees of the Theological Seminary of Auburn v. . KelloggNew York Court of Appeals · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- In Re the Accounting of BuechnerNew York Court of Appeals · 1919
- Martin v. DialTexas Commission of Appeals · 1933
- United States Trust Co. v. TaylorAppellate Division of the Supreme Court of the State of New York · 1920
- In re the Estate of LeonardNew York Surrogate's Court · 1932
- In re KohlerAppellate Division of the Supreme Court of the State of New York · 1920
35 more not listed; retrieve them via the Exa API.