Tallman v. Wood
New York Supreme Court
APPEAL from Chancery. Walter Wood by his last will and testament, made in August, 1826, after making several specific devises and bequests, disposed of all the residue of his estate, real and personal, to five executors in fee, upon trust to sell and dispose of the same, and after payment of debts and legacies to invest the proceeds in stocks or in bonds and mortgages upon unincumbered reaj estate.
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APPEAL from Chancery. Walter Wood by his last will and testament, made in August, 1826, after making several specific devises and bequests, disposed of all the residue of his estate, real and personal, to five executors in fee, upon trust to sell and dispose of the same, and after payment of debts and legacies to invest the proceeds in stocks or in bonds and mortgages upon unincumbered reaj estate. At the end of twelve months after his decease the testator directed the income of his estate to be divided among his children then living and the issue of such as should have died, such issue…
1Opinion of the Court
After advisement, the following opinion was delivered :
By the Chief Justice.
The bill was filed, in this case, for the purpose, among other things, of settling the construction of a particular devise in the will of Walter Wood, which took effect by the death of the testator before the abrogation by our Revised Statutes of the rule in Shelley’s case. This rule of construction, it is insisted, is applicable to the clause in question, and vests in the first takers the fee of the real estate devised, and an absolute interest in the personalty. On the other hand, it is contended that the rule is…
2Cases cited1 opinion
- Rogers v. ArnoldNew York Supreme Court · 1834
3Cited by4 opinions
- Schoonmaker v. SheelyCourt for the Trial of Impeachments and Correction of Errors · 1846
- Berry v. WilliamsonCourt of Appeals of Kentucky · 1850
- Bucklin v. CreightonSupreme Court of Rhode Island · 1893
- In Re AngellSupreme Court of Rhode Island · 1882