Drake v. . Drake
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 10, 1890, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. On May 24, 187.1, James Drake died at the city of Hew York, seized in fee of eleven houses and lots in that city, which were a part of a large estate left by him.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 10, 1890, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. On May 24, 187.1, James Drake died at the city of Hew York, seized in fee of eleven houses and lots in that city, which were a part of a large estate left by him. He left him surviving three sisters,' Susan A. Drake, Sarah A. Lawrence and Mary M. lieese, his only heirs; he left a will at the date of which and at the time of his death, Susan A.…
1Opinion of the CourtBradley, J.
The question is whether or not the power of appointment which Mary Hopeton Drake assumed as she did by her will to execute, was within that created by the will of James Drake, and that depends upon the meaning to which the words “ lawful issue,” contained in the provision in that respect, in their relation and application to such power so given by him to her are entitled. By the seventh clause of his will James Drake devised to her eleven houses and lots in the city of Hew York for and during the term of her natural life. And by the eighth clause, in case she should have lawful issue…
2Cases cited4 opinions
- Kingsland v. RapelyeNew York Court of Chancery · 1833
- Palmer v. . HornNew York Court of Appeals · 1881
- King v. SavageMassachusetts Supreme Judicial Court · 1876
- Tier v. PennellNew York Court of Chancery · 1832
3Cited by27 opinions
- In Re the Accounting of the Farmers' Loan & Trust Co.New York Court of Appeals · 1914
- New York Life Insurance & Trust Co. v. VieleNew York Court of Appeals · 1899
- Schmidt v. . JewettNew York Court of Appeals · 1909
- Union Safe Deposit & Trust Co. v. DudleySupreme Judicial Court of Maine · 1908
- In re the Application for Letters of Administration of the Goods, Chattels & Credits of BilletAppellate Division of the Supreme Court of the State of New York · 1919
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