Wadsworth v. Wadsworth
New York Court of Appeals
In 1844, James Wadsworth, of Geneseo, in the county of Livingston in this state, died, leaving a will duly executed by him to pass real, estate.
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In 1844, James Wadsworth, of Geneseo, in the county of Livingston in this state, died, leaving a will duly executed by him to pass real, estate. By the will, after devising specified portions of his lands to his children, he devised one equal fourth part of all the rest and residue of his real estate (being lands situate in this state) to trustees to receive the rents and profits thereof and pay the same to Ms daughter Elizabeth annually,. during her life, with remainder in fee to the issue of the said Elizabeth, her surviving ; and in case of no such issue, then to the heirs at law of the…
1Opinion of the Court
Gardiner, Ch. J.
The single question presented is, whether the title to the lands devised to the issue of Mrs. Murray vested in her son Charles James, the respondent, or whether it descended to the heirs of the testator, there being no residuary devisees.
The 4th section of the act “ Of Wills and Testaments” provides, that “ every devise of any interest in real property to a person who, at the time of the death of the testator, shall be an alien not authorized by statute to hold real estate, shall be void. The interest so devised shall descend to the *379heirs of the testator ; if there be no such…
2Cases cited2 opinions
- Fairfax's v. Hunter's LesseeSupreme Court of the United States · 1813
- Doe Ex Dem. Governeur's Heirs v. RobertsonSupreme Court of the United States · 1826
3Cited by2 opinions
- Higgins v. . McConnellNew York Court of Appeals · 1892
- Siegel v. AngerThe Superior Court of New York City · 1883