Legal Opinion

Matter of Estate of Brown

New York Court of Appeals

Decided October 2, 1883PublishedCited by 52 opinions

Appeal from order of the - General Term of the Supreme Court, in the first judicial department, made March 20, 1883, which reversed in part an order of Special Term directing as to the distribution of a fund held by the Farmers’ Loan and Trust Company, as trustee under the will of Eobert Brown, deceased.

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Appeal from order of the - General Term of the Supreme Court, in the first judicial department, made March 20, 1883, which reversed in part an order of Special Term directing as to the distribution of a fund held by the Farmers’ Loan and Trust Company, as trustee under the will of Eobert Brown, deceased. (Reported below, 29 Hun, 412.) The said will, after various devises and legacies by the seventh clause, directed the testator’s residuary estate to be divided into ten equal shares, one of these it gave to each of the testator’s four sons, the remaining six shagés were disposed of as follows…

1Opinion of the CourtRapallo, J.

The testator gave to each of his six daughters a life estate in one-tenth part of his estate, real and personal, with remainder over to their respective children, and the question uoav presented is whether this remainder Avas intended to Amst in all the children of each daughter, or Avhether it was contingent upon such children surviving their mother, so that the issue of a son of one of the testator’s daughters, who died before his mother, were cut off from all participation, in the remainder limited upon her life estate.

The seventh clause of the testator’s will, upon which this question…

2Cases cited1 opinion

  1. Scott v. . GuernseyNew York Court of Appeals · 1871

3Cited by52 opinions

  1. Connelly v. . O'BrienNew York Court of Appeals · 1901
  2. In Re the Accounting of the Farmers' Loan & Trust Co.New York Court of Appeals · 1914
  3. Soper v. . BrownNew York Court of Appeals · 1892
  4. In Re the Accounting of RussellNew York Court of Appeals · 1901
  5. In Re the Final Judicial Settlement of the Accounts of WellsNew York Court of Appeals · 1889

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