Greene v. . Greene
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme-Court in the fifth judicial department, entered upon an order made October 1, 1889, which affirmed a judgment in favor of' defendants entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material,, are stated in the opinion. "What came to these three-sons at their father’s death, aud by the fifteenth clause of Ms will, were future estates.
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Appeal from judgment of the General Term of the Supreme-Court in the fifth judicial department, entered upon an order made October 1, 1889, which affirmed a judgment in favor of' defendants entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material,, are stated in the opinion. "What came to these three-sons at their father’s death, aud by the fifteenth clause of Ms will, were future estates. (Haynes v. Sherman, 117 N. Y. 432, 433; 1 R. S. 722, §§ 7, 8, 9, 10, 11,13, 14, 15; Smith v. Edwards, 8 N. Y. 92; Hansom v. Graham, 6 Ves,…
1Opinion of the CourtGray, J.
Upon this appeal we are asked to pronounce invalid that disposition by the testator of his residuary estate which was made in favor of three of his sons; the plaintiff,■another son, being excluded from any share thereof. As an heir, he brings this action for the partition of the decedent’s real property, under section 1537 of the Code of Civil Procedure, and he attacks the devise to his brothers, as being void for offending against the statute of perpetuities.
After specific devises of realty the testator, in the fifth clause ■of his will, gave all his residuary estate “ unto my three sons,…
2Cases cited4 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Woodward v. . JamesNew York Court of Appeals · 1889
- Brown v. . KnappNew York Court of Appeals · 1879
- Henderson v. . HendersonNew York Court of Appeals · 1889
3Cited by97 opinions
- Brown v. . SpohrNew York Court of Appeals · 1904
- In Re the Accounting of ClaytonNew York Court of Appeals · 1927
- Matter of GallienNew York Court of Appeals · 1928
- Fowler v. DuhmeIndiana Supreme Court · 1896
- King v. PelkofskiNew York Court of Appeals · 1967
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