Vernon v. Vernon
New York Supreme Court
This was an appeal by the plaintiff and certain defendants from a judgment entered on the report of a referee. The action was brought for construction of the will of Samuel Vernon, deceased, and determination of plaintiff’s claim to dower, and a distributive share in the final distribution of the testator’s personal estate.
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This was an appeal by the plaintiff and certain defendants from a judgment entered on the report of a referee. The action was brought for construction of the will of Samuel Vernon, deceased, and determination of plaintiff’s claim to dower, and a distributive share in the final distribution of the testator’s personal estate. The complaint also with other relief asked judgment directing the surviving partners in certain business of the testator to give adequate security for repayment of the testator’s part of the capital of the firm, with interest thereon at stated periods. The will was as…
1Opinion of the Court
By the Court—
Gilbert, J.
By the first sentence of the will the testator gave all his estate, real and personal, to his trustees and executors therein named, and their heirs, on condition that they should dispose of it as thereinafter directed by the will. Next he made a formal devise to his wife of a portion of his real estate, subject as to one parcel to a power of sale with which he invested his executors. He then gives his wife an annuity for the maintenance and education of herself and her children, payable by his executors out of the *503rents of certain specified real estate, or, if they…
2Cases cited2 opinions
- Sanford v. JacksonNew York Court of Chancery · 1843
- Dodge v. DodgeNew York Supreme Court · 1860
3Cited by2 opinions
- In re the Estate of AllenNew York Surrogate's Court · 1901
- Drake v. PaigeNew York Supreme Court · 1889