Legal Opinion

Striker v. Daly

New York Surrogate's Court

Decided December 29, 1916Published

1Opinion of the CourtScott, J.

The action is in ejectment; the facts are undisputed, and but a single question of law is involved.

In 1883 Joseph M. L. Striker died leaving a will which disposed of real and personal property, and which was admitted to probate on Jxily 12, 1883. He gave to his grandmother the income from his estate for life. After her death he gave the income of the estate to his brother, Elsworth L. Striker, for life. Subject to these life estates he gave, devised and bequeathed his whole estate to the legal heirs of his said brother. The last two clauses of his will read as follows: “ Sixth. I hereby fully…

2Cases cited5 opinions

  1. In re Van WyckNew York Court of Chancery · 1846
  2. Gould v. MatherMassachusetts Supreme Judicial Court · 1870
  3. Sharp v. PrattNew York Supreme Court · 1836
  4. In re BullNew York Supreme Court · 1865
  5. In re BernsteinNew York Surrogate's Court · 1877

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