Jones v. Jones
New York Supreme Court
This action is brought by the plaintiff, as devisee and heir-at-law of William Jones, against the defendants, also his devisees and heirs-at-law, for the purpose of determining the construction and effect of certain devises of real estate to each, • under the last will and testament of said William Jones.
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This action is brought by the plaintiff, as devisee and heir-at-law of William Jones, against the defendants, also his devisees and heirs-at-law, for the purpose of determining the construction and effect of certain devises of real estate to each, • under the last will and testament of said William Jones. William Jones, then a resident of the county of Oneida, died in the month of January, 1884, leaving a last will and testament, and also leaving him surviving, the parties to this action, his children and heirs-at-law. After his death the will was duly proven before the surrogate of Oneida…
1Opinion of the CourtKennedy, J.
The defendants waive any defect of parties. I am of the opinion that the remainderman after the termination of the life estate will be in no manner affected by the judgment in this action. It would be prudent at least to have made them parties. Yielding, however, to the wishes of the parties, I think it proper to dispose of the questions in the case at least so far as the same may relate to and affect the life estate of the plaintiff.
It is insisted by the defendants that the plaintiff, as devisee, cannot maintain this action, it being one involving the construction of the will. The plaintiff…
2Cases cited5 opinions
- The People v. . the Canal AppraisersNew York Court of Appeals · 1865
- Comm'rs of Canal Fund v. KempshallNew York Supreme Court · 1841
- Paige v. . WilletNew York Court of Appeals · 1868
- Tell v. . BeyerNew York Court of Appeals · 1868
- Walton v. TifftNew York Supreme Court · 1852