Emmons v. Cairns
New York Supreme Court
In Equity. This was an appeal from a decree of the late assistant vice chancellor of the first circuit, giving a construction to the will of George Rapelye deceased. For a statement of the case, and a copy of the will, see 2 Sandford’s Ch. Reports, 369.
1Opinion of the Court
By the Court,
Sill, J.
It was held by the assistant vice chancellor that Mrs. Cairns took a life estate in trust, under the will, which, under our statutes, is inalienable; and there *244being a prior life estate devised to Mrs. Rapelye, the effect was to suspend the power of alienation of the realty, and the absolute ownership of the personalty, during the lives of these two persons. It is contended by the appellants, that, conceding that Mrs. Cairns took a trust estate, still the power of alienation was suspended during her life only. That upon the death of Mrs. Cairns the impediment to…
2Cases cited4 opinions
- Moore v. LyonsNew York Supreme Court · 1840
- Gott v. CookNew York Court of Chancery · 1839
- Lawrence v. BayardNew York Court of Chancery · 1838
- Rathbone v. DyckmanNew York Court of Chancery · 1831
3Cited by5 opinions
- Matter of N.Y., L. W.R. Co.New York Court of Appeals · 1887
- In re the New York, Lackawanna & Western Railway Co.New York Court of Appeals · 1887
- Mills v. MillsAppellate Division of the Supreme Court of the State of New York · 1900
- Richards v. MooreNew York Surrogate's Court · 1881
- In re TilfordNew York Surrogate's Court · 1887