Pomroy v. . Hincks
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered September 18, 1902, which affirmed a judgment of Special Term construing the will of Warren Newcomb, deceased. Warren Newcomb died August 28, 1866, leaving a widow and a daughter, an only child, him surviving.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered September 18, 1902, which affirmed a judgment of Special Term construing the will of Warren Newcomb, deceased. Warren Newcomb died August 28, 1866, leaving a widow and a daughter, an only child, him surviving. By the terms of his will he bequeathed to his wife an annual income of $10,000, and directed that sufficient of his estate be set aside and invested to produce that sum; he also devised a certain sum in trust for his daughter, providing that in the event of her death without…
1Opinion of the CourtBartlett, J.
"While we agree with the learned Appellate Division in the construction of the will of the testator, "Warren Newcomb, there is a fatal objection to the plaintiffs maintenance of the action which lies back of the construction of the will, and in reality renders a discussion of that question unnecessary. “ It is a settled principle of law that the legal rights of the heir or distributee, to the property of deceased persons, cannot be defeated except by a valid devise of such property to other persons. * * * It was not sufficient to deprive an heir-at-law or distributee of what comes to him by…
2Cases cited3 opinions
- Chamberlain v. . TaylorNew York Court of Appeals · 1887
- Haxtun v. CorseNew York Court of Chancery · 1848
- Gallagher v. . CrooksNew York Court of Appeals · 1892
3Cited by13 opinions
- In re the Estate of DammannNew York Court of Appeals · 1963
- In Re the Probate of the Will of TrumbleNew York Court of Appeals · 1910
- In re the Estate of McKeonNew York Surrogate's Court · 1944
- Davies v. City Bank Farmers Trust Co.Appellate Division of the Supreme Court of the State of New York · 1936
- Harris v. AchillesAppellate Division of the Supreme Court of the State of New York · 1909
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