Culhane v. Fitzgibbons
New York Supreme Court
Suit fur the admeasurement of dower. A question of title is raised by the guardian of the two infant defendants. Mary Bond died seized of the land and leaving three children, Anne E., Thomas F. and John J. By the third, fourth and fifth clauses of her will she disposed of the said land and other property as follows: “ Third — I give and bequeath to my daughter Anne E. Bond, in trust for Thomas F. Bond until he shall have attained the age of twenty one years, a certain lot of…
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Suit fur the admeasurement of dower. A question of title is raised by the guardian of the two infant defendants. Mary Bond died seized of the land and leaving three children, Anne E., Thomas F. and John J. By the third, fourth and fifth clauses of her will she disposed of the said land and other property as follows: “ Third — I give and bequeath to my daughter Anne E. Bond, in trust for Thomas F. Bond until he shall have attained the age of twenty one years, a certain lot of land” (which is described). “ Fourth—I give and bequeath to my said daughter Anne E. Bond, in trust for my said son…
1Opinion of the Court
Gaynok, J.:
The question is whether by the will of Mary Bond the title to the lot became vested in fee in Thomas F. Bond, or whether, on the contrary, there was a failure to devise the fee, in which case it descended to the three children *333of the testator (Anne E., John J. and Thomas F.), in which case the two infant children of John J. Bond, who has died intestate, are the owners in fee of his undivided one third.
By the third clause the lot is devised to the daughter Anne E. Bond “ in trust for Thomas F. Bond until he shall have attained the age of twenty one years;” by the fourth there is an…
2Cited by2 opinions
- Bishop Trust Co. v. JacobsHawaii Supreme Court · 1942
- In re the Estate of WhitmoreNew York Surrogate's Court · 1933