Ackerman v. . Gorton
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the Second Judicial Department in favor of defendant, entered upon a case submitted under section 372 of the Code; Belding Hoyt, late of Yonkers, Westchester county, died June 21, 1874, leaving a will and codicil. The will, after certain bequests, contained these clauses: “ Third.
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Appeal from judgment of the General Term of the Supreme Court in the Second Judicial Department in favor of defendant, entered upon a case submitted under section 372 of the Code; Belding Hoyt, late of Yonkers, Westchester county, died June 21, 1874, leaving a will and codicil. The will, after certain bequests, contained these clauses: “ Third. I give and devise all the rest, residue and remainder of my real and personal estate to my beloved wife, Rebecca, to be used and enjoyed by her during the term of her natural life, and from and immediately after her decease, I give and devise the same…
1Opinion of the CourtAndrews, J.
The children of Belding Hoyt, upon his death, took under his will a vested estate in remainder in the lands devised to his wife for her Kfe. The words “ from and immediately after her death,” did not operate to postpone the vesting of the remainder in the children until the death of the Kfe tenant, but by well settled construction denoted simply the period when they would become entitled to the estate in possession. (Livingston v. Greene, 52 N. Y., 118; Taggart v. Murray, 53 id., 233.) But the estate of the remaindermen was Kable to be divested by a sale of the land by the widow under the…
2Cases cited1 opinion
- Livingston v. . GreeneNew York Court of Appeals · 1873
3Cited by27 opinions
- Hersee v. . SimpsonNew York Court of Appeals · 1897
- Ducker v. BurnhamIllinois Supreme Court · 1893
- Corse v. . ChapmanNew York Court of Appeals · 1897
- Rogers v. . Atlantic, Gulf Pacific Co.New York Court of Appeals · 1915
- In re the Estate of OertleSupreme Court of Minnesota · 1885
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