Haynes v. . Sherman
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court ih the second judicial department, entered upon an order made February 11, 1889, which reversed a judgment adjudging the last will and testament of Elijah T. Sherman, deceased, void, entered upon a decision of the court on trial without a jury, and directed a new trial. This was an action for the partition of real property brought by one of the heirs-at-law of Elijah T. Sherman, deceased.
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Appeal from judgment of the General Term of the Supreme Court ih the second judicial department, entered upon an order made February 11, 1889, which reversed a judgment adjudging the last will and testament of Elijah T. Sherman, deceased, void, entered upon a decision of the court on trial without a jury, and directed a new trial. This was an action for the partition of real property brought by one of the heirs-at-law of Elijah T. Sherman, deceased. The material facts are stated in the opinion. The will creates an express .trust. (R. S. 728, § 55, subd. 3 ; Id. 730, §§ 63-65 ; Leggett v.…
1Opinion of the CourtEarl, J.
Elijah T. Sherman died in the city of New York in October, 1886, leaving his wife and six children, him surviving, three of them minors, and leaving a will in which he disposed of his estate as follows: “ After paying my just debts I give, devise and bequeath all my estate, real and personal and mixed, and wherever situate, to my wife Catharine M. Sherman, in trust, nevertheless, to have and to hold the same and use so much of the income and principal as she may deem necessary for her support and the support of our children, until our youngest child now living shall arrive at the age of…
2Cases cited3 opinions
- Schettler v. . SmithNew York Court of Appeals · 1869
- Campbell v. . BeaumontNew York Court of Appeals · 1883
- Hull v. . HullNew York Court of Appeals · 1862
3Cited by43 opinions
- Herzog v. . Title Guarantee Trust Co.New York Court of Appeals · 1903
- In re Estate of WalkerlyCalifornia Supreme Court · 1895
- In Re the Estate of FairCalifornia Supreme Court · 1901
- In Re the Will of HornerNew York Court of Appeals · 1924
- Sawyer v. . CubbyNew York Court of Appeals · 1895
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