Hoey v. Kenny
New York Supreme Court
THIS was an action for the partition of real estate. The premises sought to be partitioned were situated in the city of New York, and were formerly owned and occupied by Nicholas Kenny, since deceased.
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THIS was an action for the partition of real estate. The premises sought to be partitioned were situated in the city of New York, and were formerly owned and occupied by Nicholas Kenny, since deceased. The complaint was filed by the plaintiff, who claimed to be entitled to an undivided portion of the lands and premises of which the said Nicholas Kenny died seised, against various other relatives, heirs and next of kin of the said Nicholas Kenny, and persons holding incumbrances upon the property. The rights and interests of the several parties depended upon the construction of the 6th clause…
1Opinion of the Court
By the Court, Mitchell, P. J.
Nicholas Kenny made his will in 1836, and thereby gave one half of his estate, .subject to two annuities and to the widow’s dower, as follows : “ Unto my beloved wife Margaret Kenny, to be held and enjoyed by her during her natural life, and by her to be divided and distributed by will among my relatives, in such shares as she may see fit and deem to be just.” This was a direct devise to his widow of that half, to hold during her life, for her own use, and in, trust for her to divide and distribute it by will among the relatives of the testator, in such shares as…
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