Chwatal v. Schreiner
New York Supreme Court
This action was brought to recover the earnest money paid upon a contract to convey land on Ninetieth street, in the city of New York, upon the ground that the vendor was unable to give good title.
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This action was brought to recover the earnest money paid upon a contract to convey land on Ninetieth street, in the city of New York, upon the ground that the vendor was unable to give good title. William Rhinelander died September 9, 1825. He left a will, dated in March, 1825, which provided, among other things, as follows : “ It is my will that the real estate situate in the city and county of New York, whereof I may die seized and possessed, shall be kept entire, and no part thereof sold during the natural lives of my children, and the natural life of the longest liver of them, and until…
1Opinion of the CourtIngraham, J.
I think it may fairly be said that the rules to be applied in determining the meaning of the testator when he used the word “ issue ” in his will have been settled in this state by the case of Drake v. Drake, 134 N. Y. 223, and the case of Soper v. Brown, 49 N. Y. St. Repr. 206. The sole question, therefore, is to determine, according to these rules, the intention of the testator in using the word in his will.
The primary meaning to be. given to the word is that of descendants generally. Thus, as was said in Palmer v. Horn, 84 N. Y. 519: “In England, at an early day, it was held in its primary…
2Cases cited1 opinion
- Palmer v. . HornNew York Court of Appeals · 1881
3Cited by2 opinions
- In re the Accounting of City Bank Farmers Trust Co.New York Surrogate's Court · 1952
- Sloane v. MartinNew York Supreme Court · 1893