Power v. . Cassidy
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment, entered upon a decision of the court, on trial at Special Term. (Reported below, 16 Hun, 294.) This action was brought to obtain a judicial construction of the will of John II. Power, late of the city of Hew York, deceased, and to determine the validity of certain clauses of the will.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment, entered upon a decision of the court, on trial at Special Term. (Reported below, 16 Hun, 294.) This action was brought to obtain a judicial construction of the will of John II. Power, late of the city of Hew York, deceased, and to determine the validity of certain clauses of the will. The clauses of the will in question are as follows : “ After my lawful debts are paid, I give and bequeath all my property, both real and personal, unto my executrix and executors hereinafter…
1Opinion of the CourtMiller, J.
The testator by the first clause in his will gave and bequeathed all his property, both real and personal, to Ms executrix and executors,. to have and to hold the same * * * upon the trusts, nevertheless, that they are to collect the money duo on the bonds and mortgages due to me, and also the rents of my property, and sell and dispose of my stocks; and out of the proceeds of the sale of my property or the income thereof, ” he directed that tho sum of $8,000 a year be paid to Ms wife in half yearly installments “ during her natural life, and to be in lieu of all dower or thirds ” in his…
2Cases cited4 opinions
- Phelps' v. . PondNew York Court of Appeals · 1861
- Lefevre v. . LefevreNew York Court of Appeals · 1875
- Bucklin v. BucklinNew York Court of Appeals · 1864
- McLoughlin v. McLoughlinNew York Supreme Court · 1859
3Cited by64 opinions
- Matter of Will of O'HaraNew York Court of Appeals · 1884
- Shipman v. . RollinsNew York Court of Appeals · 1885
- Webster v. MorrisWisconsin Supreme Court · 1886
- Ward v. BrownWest Virginia Supreme Court · 1903
- Hobson v. . HaleNew York Court of Appeals · 1884
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