James v. James
New York Court of Chancery
This was a suit for the partition of a house and lot in the city of Albany, which by the will of W. James, deceased, was devised to his wife for life, with power to dispose of the same by will to the descendants of the testator and his said wife, as she might think proper. This devise, and certain specific and pecuniary bequests to his wife, were by the will of the testator declared to be in lieu and full satisfaction of her dower in his estate.
Read the full summary
This was a suit for the partition of a house and lot in the city of Albany, which by the will of W. James, deceased, was devised to his wife for life, with power to dispose of the same by will to the descendants of the testator and his said wife, as she might think proper. This devise, and certain specific and pecuniary bequests to his wife, were by the will of the testator declared to be in lieu and full satisfaction of her dower in his estate. The residue of his property the testator devised and bequeathed to trustees, upon certain trusts io the will expressed, as follows: “ I give, devise…
1Opinion of the Court
The Chancellor.
If the trustees under the will took no interest in the premises in which partition is sought, they need not be made parties; as they might demur to the bill, unless it was alleged therein that they had some legal or equitable interest in the premises, or at least that they claimed an interest under the will. The only questions, therefore, which arise on the bill and answers are, whether any thing passed to the trustees, under the general clause in the will devising the residue to them in trust. It is supposed by the complainants, and by some of the defendants "who have a common…
2Cited by30 opinions
- Matter of Accounting of BensonNew York Court of Appeals · 1884
- Riker v. . CornwellNew York Court of Appeals · 1889
- Dudley v. Congregation of the Third Order of St. FrancisNew York Court of Appeals · 1893
- Estate of ArmsCalifornia Supreme Court · 1921
- Moss v. HelsleyTexas Supreme Court · 1883
25 more not listed; retrieve them via the Exa API.