Adams v. Beekman
New York Court of Chancery
William Adams by his will devised the use of his farm to his son, the husband of the complainant, and to his nephew for the term of three years. He directed his executors, at the expiration of that time and as soon thereafter as could conveniently be done, to sell the farm and divide the avails among his five children.
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William Adams by his will devised the use of his farm to his son, the husband of the complainant, and to his nephew for the term of three years. He directed his executors, at the expiration of that time and as soon thereafter as could conveniently be done, to sell the farm and divide the avails among his five children. By a subsequent clause in the will it was provided that if any of his children died before the testator, leaving no children, the share of the child so dying should go to the survivors; and also in case any of them should die after his (the testator’s) decease leaving no…
1Opinion of the Court
The Chancellor:—The guardian ad litem has not brought the rights of these infant defendants properly before the court, but there is sufficient on the papers to enable me to see that the complainant’s claim cannot be sustained. The one-fifth of the proceeds of the sale of the farm is not given by the will absolutely to the son. Although the testator directs the farm to be sold at the expiration of the three years and gives the proceeds to his five children forever, it is evident from the subsequent clause that he contemplated the event which has actually happened, to wit, the death of some of…
2Cited by3 opinions
- Horton v. . McCoyNew York Court of Appeals · 1871
- Drake v. PellNew York Court of Chancery · 1839
- Tillman v. SullivanNew York Supreme Court · 1882