Legal Opinion

Barker v. Barker

Appellate Division of the Supreme Court of the State of New York

Decided April 14, 1916PublishedCited by 22 opinions

Cross-appeals by the plaintiff, Charles V. Barker, and by the defendants Maud Archer and others, from, an interlocutory judgment of the Supreme Court in favor of certain of the defendants, entered in the office of the clerk of the county of Kings on the 21st day of April, 1915, upon the decision of the court after a trial at the Kings County Special Term.

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Cross-appeals by the plaintiff, Charles V. Barker, and by the defendants Maud Archer and others, from, an interlocutory judgment of the Supreme Court in favor of certain of the defendants, entered in the office of the clerk of the county of Kings on the 21st day of April, 1915, upon the decision of the court after a trial at the Kings County Special Term. The plaintiff and the defendants Clifford J. Barker, Ethel B. Miller and Maud Archer appeal, among other things, from the provision of said judgment which decrees that the defendant Beatrice Arabelle Barker has an interest in the real…

1Opinion of the Court

Thomas, J.:

The testator, dying in 1875, gave by will to his daughters annuities charged on his estate, declared inalienable during several lives, and his property, subject thereto, in trust to apply the income to the education, support and maintenance of his sons John and Samuel during their lives, and added: “And on their deaths the same shall belong and descend (the real Estate in fee) subject as aforesaid to their heirs and descendants — and if none, then to my heirs at law, and in *247case of the death of either said John A. G-. er Samuel P. then his share (one half) of the income or profits…

2Cases cited9 opinions

  1. Ford v. . KnappNew York Court of Appeals · 1886
  2. Losey v. . StanleyNew York Court of Appeals · 1895
  3. Pittinger v. PittingerSupreme Court of Colorado · 1901
  4. In re the Application for Letters of Administration de Bonis Non on the Goods, Chattels & Credits of MeehanAppellate Division of the Supreme Court of the State of New York · 1912
  5. Coal Run Coal Co. v. JonesIllinois Supreme Court · 1886

4 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. In Re the Judicial Settlement of the Accounts of Proceedings of GilbertNew York Court of Appeals · 1923
  2. Casey v. GallagherOhio Supreme Court · 1967
  3. Anonymous v. AnonymousSuperior Court of Delaware · 1951
  4. Elizabeth Dolan v. Anthony Celebrezze, Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1967
  5. Bloch v. EwingDistrict Court, S.D. California · 1952

17 more not listed; retrieve them via the Exa API.

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