Van Brunt v. . Van Brunt
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made April 11, 1888, which affirmed a judgment in favor of . defendants entered upon an order sustaining a demurrer to the complaint. This was an action for the partition of lands in the city of ¡New York, formerly owned by Margaret YanBrunt, deceased, and disposed of under the residuary clause in her will.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made April 11, 1888, which affirmed a judgment in favor of . defendants entered upon an order sustaining a demurrer to the complaint. This was an action for the partition of lands in the city of ¡New York, formerly owned by Margaret YanBrunt, deceased, and disposed of under the residuary clause in her will. All the children of the testatrix, with their husbands and wives, were made parties to the action. The plaintiff, as son and heir-at-law of the testatrix, assails the…
1Opinion of the CourtFinch, J.
Margaret Van Brunt at. her decease .left eight children her surviving. Seven of the eight were married and had children of their own. ■ By her last will some few specific legacies were given, and then the balance of the estate was disposed of by a residuary clause upon the asserted invalidity of which this action is founded. By that clause the testatrix devised and bequeathed the whole of her estate, real and personal, to her executors in trust, to collect and pay over the rents, income and profits to her children in equal proportions during their natural lives, and after their decease to…
2Cases cited4 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Schettler v. . SmithNew York Court of Appeals · 1869
- Robert v. . CorningNew York Court of Appeals · 1882
- Stevenson v. . LesleyNew York Court of Appeals · 1877
3Cited by26 opinions
- In Re the Appraisal Under the Transfer Tax Acts of the Property of KimberlyNew York Court of Appeals · 1896
- Matter of TrevorNew York Court of Appeals · 1924
- Williams v. . AltNew York Court of Appeals · 1919
- Patton v. LudingtonWisconsin Supreme Court · 1899
- Meeker v. . DraffenNew York Court of Appeals · 1911
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