G. H. & E. Striker v. Mott
New York Court of Chancery
This was an appeal from the decision of the vice chancellor of the first circuit. The bill was filed for the partition and sale of a house and lot in the city of New-York, which formerly belonged to the grand father of Mrs. Mott and of the complainants ; and also for an account of the rents and profits of their grand father’s estate. The,principal question in the cause arose upon the construction" of the will of J. Hopper, the grand father.
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This was an appeal from the decision of the vice chancellor of the first circuit. The bill was filed for the partition and sale of a house and lot in the city of New-York, which formerly belonged to the grand father of Mrs. Mott and of the complainants ; and also for an account of the rents and profits of their grand father’s estate. The,principal question in the cause arose upon the construction" of the will of J. Hopper, the grand father. He "devised his property* to his three grand ' children and to their heirs forever, to be disposed of by his ex-. ecutors and the survivor of them, or the…
1Opinion of the Court
The Chancellor.
I think the' vice chancellor decided correctly in refusing partition in this case. The executors, under the will, and such person as should be the personal representative of the survivor, if both executors died during the continuance of the trust, took, by implication of law, an estate in trust during the lives of the three grand children. And the ■ complainants and Mrs. Mott are each entitled to a contingent or conditional fee in'one third of the remainder of the estate, provided they have issue living at their deaths with cross remainders if either dies without issue. The…
2Cited by13 opinions
- Roberts v. ColemanWest Virginia Supreme Court · 1892
- Van Schuyver v. . MulfordNew York Court of Appeals · 1875
- Gayle v. JohnstonSupreme Court of Alabama · 1885
- Striker v. . MottNew York Court of Appeals · 1863
- Savage v. SavageOregon Supreme Court · 1890
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