Youngs v. . Youngs
New York Court of Appeals
Appeal from the General Term of the Supreme Court, in the Eirst judicial department, affirming the judgment of Special Term. This action was commenced to obtain a judicial construction of a will. The testator died, seized of a large real estate; he also was possessed of considerable personal property, and was indebted to a considerable amount. He left no wife or descendants surviving him, but numerous collateral heirs.
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Appeal from the General Term of the Supreme Court, in the Eirst judicial department, affirming the judgment of Special Term. This action was commenced to obtain a judicial construction of a will. The testator died, seized of a large real estate; he also was possessed of considerable personal property, and was indebted to a considerable amount. He left no wife or descendants surviving him, but numerous collateral heirs. He devised considerable real estate, in every case giving a life estate to the first taker, with remainder in fee to the issue of such first taker. He set apart certain real…
1Opinion of the CourtGtboveb, J.
Section 5, 2 R. S., 57, provides that" every will that shall be made by a testator, in express terms, of all his real estate or in any other terms denoting his intent to devise all his real property, shall be construed to pass all the real estate which he was entitled to devise at the time of his death. This changes the common law rule, that a will operates only upon real estate owned by the testator at the time of making the same, the title to which he retained to the time of his decease, and substitutes therefor a more reasonable rule, that when it appears from the will that it was the…
2Cases cited4 opinions
- Bowers v. SmithNew York Court of Chancery · 1843
- Van Kleeck v. Ministers of the Reformed Dutch ChurchNew York Court of Chancery · 1837
- James v. JamesNew York Court of Chancery · 1833
- Greene v. DennisSupreme Court of Connecticut · 1826
3Cited by23 opinions
- Betts v. BettsNew York Supreme Court · 1878
- Hirsch v. BuckiAppellate Division of the Supreme Court of the State of New York · 1914
- Cruikshank v. . Home for the FriendlessNew York Court of Appeals · 1889
- Floyd v. . CarowNew York Court of Appeals · 1882
- Galloway v. DarbySupreme Court of Arkansas · 1912
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