Savage v. . Burnham
New York Court of Appeals
Appeal from the Supreme Court. This was an amicable suit, brought to obtain a judicial construction of.the last will and testament of Michael Burnham, deceased.
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Appeal from the Supreme Court. This was an amicable suit, brought to obtain a judicial construction of.the last will and testament of Michael Burnham, deceased. It was tried at a special term, in the city o^ New-York, before Mr, Justice Mitchell, in January, 1854, when these facts were proved: .Michael Burnham, the testator, died January 19th, 1836, leaving his last will duly executed and in full force, bearing date June 15, 1825. He left him surviving, his widow Elizabeth Burnham, who died after the trial and before the decision in the court below, and the following sons, viz.: Charles,…
1Opinion of the Court · ComstockComstock, J.
The Supreme Court has determined in this case that some of the provisions in the will of Michael Burnham, deceased, are invalid, as tending to an unlawful perpetuity, and on that ground the whole will has been adjudged to be void. So far as appears from the reasons assigned for this conclusion, the question whether the said limitations can and ought to be cut off, leaving the other parts of the will to stand,- does not seem to have been examined. We agree that some of the limitations are void for the reason stated, but having come to a conclusion that the judgment is erroneous in subverting…
Also in this document: Opinion of the Court · Roosevelt.
2Cases cited5 opinions
- Coster v. LorillardCourt for the Trial of Impeachments and Correction of Errors · 1835
- Darling v. Rogers & SagoryCourt for the Trial of Impeachments and Correction of Errors · 1839
- Gott v. CookNew York Court of Chancery · 1839
- Bulkley v. DepeysterNew York Supreme Court · 1841
- Hoag v. LamontNew York Court of Appeals · 1875
3Cited by144 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Schettler v. . SmithNew York Court of Appeals · 1869
- In re Estate of WalkerlyCalifornia Supreme Court · 1895
- Purdy v. . HaytNew York Court of Appeals · 1883
- Vernon v. . VernonNew York Court of Appeals · 1873
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