Van Vechten v. Pearson
New York Court of Chancery
This case came before the court upon a bill for the' partition of the real estate of Teunis T. Van Vechten, deceased,, and for a distribution of his personal estate and the settlement of the account of the surviving executor.
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This case came before the court upon a bill for the' partition of the real estate of Teunis T. Van Vechten, deceased,, and for a distribution of his personal estate and the settlement of the account of the surviving executor. The testator,. by his will, devised and bequeathed bis residuary estate, both real and personal, as follows: “ The one equal third part thereof to my son Teunis Van Vechten, his heirs and assigns; one-equal third part thereof to my son John Van Vechten, his heirs' and assigns; and the remaining third part to my beloved wife Elizabeth and my sons Teunis and John Van…
1Opinion of the Court
The Chancellor.
If the word or, in the danse of the will which limits a contingent remainder in fee to the two sons of the testator, is to be construed in its ordinary sense, disjunctively, it would give to them the ultimate remainder in the trust estate upon the death of Mrs. Pearson without leaving any children living at that time, although the deceased children should have issue then living. But it would undoubtedly be doing violence to the intention of the testator to suppose he meant to exclude the issue of Mrs. Pearson’s children, although the children themselves might all have died in…
2Cited by2 opinions
- Yeaton v. RobertsSuperior Court of New Hampshire · 1854
- In re the Estate of WitherspoonNew York Surrogate's Court · 1934