Crozier v. . Bray
New York Court of Appeals
Appeal- from a judgment of the General Term of the Supreme' Court in the fifth judicial department, entered upon an order made the first Tuesday of January, 1886, which denied a motion for a new trial and directed judgment for the defendants upon a verdict. This was an action of ejectment to recover the possession of an undivided interest in about 180 acres of land situate in the county of Ontario.
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Appeal- from a judgment of the General Term of the Supreme' Court in the fifth judicial department, entered upon an order made the first Tuesday of January, 1886, which denied a motion for a new trial and directed judgment for the defendants upon a verdict. This was an action of ejectment to recover the possession of an undivided interest in about 180 acres of land situate in the county of Ontario. The land formerly belonged to one Luther Whitney, who died, seized thereof, on the 19th of May, 1878, leaving a last • will and testament, dated February 13, 1864, and a codicil thereto, dated…
1Opinion of the CourtYarn, J.
The appellant claims that the will gave an estate in fee to the wife, Hannah L.; that the devise over to Cyrus Bray by the codicil is void on the ground of repugnancy, and that by the death of Hannah L. before her husband, the portion devised to her lapsed, and as there was no residuary clause, descended to the heirs at law of the testator. The respondents claim that the will and codicil, when construed together, show that it was the intention of the testator that his wife should take a life estate only, with the remainder over to Cyrus Bray. The position of each is not without the support…
2Cases cited9 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Terry v. . WigginsNew York Court of Appeals · 1872
- Van Horne v. . CampbellNew York Court of Appeals · 1885
- Campbell v. . BeaumontNew York Court of Appeals · 1883
- Taggart v. . MurrayNew York Court of Appeals · 1873
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3Cited by41 opinions
- In Re the Probate of the Will of RobinsonNew York Court of Appeals · 1911
- Williams v. . JonesNew York Court of Appeals · 1901
- Leggett v. . FirthNew York Court of Appeals · 1892
- Smith v. SmithSupreme Court of Alabama · 1908
- Bloodgood v. . LewisNew York Court of Appeals · 1913
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