Clason v. Clason
New York Court of Chancery
This case came before the court upon exceptions to the master’s report as to the title and interests of the parties in a suit for the partition of a farm in Westchester county; and also upon an exception to that part of the report which related to the necessity of a sale instead of making an actual partition of the farm.
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This case came before the court upon exceptions to the master’s report as to the title and interests of the parties in a suit for the partition of a farm in Westchester county; and also upon an exception to that part of the report which related to the necessity of a sale instead of making an actual partition of the farm. The premises contained about 370 acres of land, and were, according to the master’s report, worth $75,000 ; although they only produced an annual income of $1500. The farm was claimed and held under the will of Isaac Clason, who owned the premises in fee, and who died on the…
1Opinion of the Court
The Chancellor.
There is no question as to the com» plainant’s right to one third of the premises under the will of his father, or as to the infant defendants’ right to another third. It is insisted, however, in behalf of the infant defendants that by the true construction of the will of their grandfather there was an executory devise in their favor of the one half of the share of their uncle Isaac Starr Clason, who died without issue before a division of the premises was made.
I think it is very evident from the whole of this will taken together, that it was the intention of the testator that…
2Cited by11 opinions
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- Wilson v. BogleTennessee Supreme Court · 1895
- Chittenden v. GatesAppellate Division of the Supreme Court of the State of New York · 1897
- Williams v. Wells Fargo Bank & Union Trust Co.California Court of Appeal · 1943
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