Searles v. Brace
New York Supreme Court
Trial by the court. Action brought by James H. Searles, as surviving executor of the will of Loring L. Lewis, deceased, against Lizzie L. Brace, and others, for the construction of the will.
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Trial by the court. Action brought by James H. Searles, as surviving executor of the will of Loring L. Lewis, deceased, against Lizzie L. Brace, and others, for the construction of the will. On February 16, 1877, Loring L. Lewis died, leaving a will which bears date January 28, 1877, and which was duly proved April 3, 1877. lie left a widow Elizabeth Lewis, a son Howland S. Lewis, and five grandchildren, as follows: Lizzie L. Lewis, now Brace, the daughter of his son How-land and Elizabeth L., Lorenzo L. and Henry G. and llosa L. Cole, the children of a deceased daughter, Mrs. Cole. The…
1Opinion of the Court
Merwin, J. [After stating the facts as above.]
The first question to be determined is whether the grandchildren have an absolute estate in fee in the premises given them respectively. That depends on the construction to be given to the expression in the will “ in case any of my grandchildren named above die leaving no issue.” Does that refer to a death at any time, or is it limited to a death before *14that of the testator, or of the testator’s wife % The devise in the first instance is in effect absolute. Then a provision is made for a contingency. It is made a devise upon condition. At the…
2Cases cited9 opinions
- Stevenson v. . LesleyNew York Court of Appeals · 1877
- Bailey v. . BriggsNew York Court of Appeals · 1874
- Kelly v. . KellyNew York Court of Appeals · 1874
- Nellis v. . NellisNew York Court of Appeals · 1885
- Sheldon v. FerrisNew York Supreme Court · 1865
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In re Estate of BrundageNew York Surrogate's Court · 1917
- In re United States Mortgage & Trust Co.New York Surrogate's Court · 1929
- Black v. WilliamsNew York Supreme Court · 1889
- In re Oviatt's EstateNew York Supreme Court · 1890
- Wells v. WellsThe Superior Court of the City of New York and Buffalo · 1892
2 more not listed; retrieve them via the Exa API.