Woodward v. . James
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made February 7, 1887, which modified, and as modified affirmed, a judgment entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made February 7, 1887, which modified, and as modified affirmed, a judgment entered upon a decision of the court on trial at Special Term. This action was brought to obtain a judicial construction of the will of Frederick P. James, who died in September, 1884, seized and possessed of real estate and personalty, and also to obtain a partition of the real estate. The material portions of the will are as follows: “ I give and bequeath to my beloved wife Julia, for her sole use,…
1Opinion of the CourtFinch, J.
This action was brought to obtain a construction of the will of Frederick P. James, and for a partition of the real estate which he left, upon the theory that the remainder-men took vested legal estates under that will. The right of the plaintiff to a partition has thus far been denied upon the ground that the executrix took the whole estate in trust to invest and manage and control the same, to pay taxes, expenses and interest, and, after reserving to herself, annually, one-half of the gross income, to pay the balance remaining from the other half to the remaindermen; such trusts continuing…
2Cases cited7 opinions
- Ferrer v. . PyneNew York Court of Appeals · 1880
- In Re the Judicial Settlement of the Account of AlbertsonNew York Court of Appeals · 1889
- Richards v. MillerIllinois Supreme Court · 1872
- Bailey v. BaileyMichigan Supreme Court · 1872
- Bassett v. GrangerMassachusetts Supreme Judicial Court · 1868
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3Cited by106 opinions
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- Greene v. . GreeneNew York Court of Appeals · 1891
- Robertson v. . De BrulatourNew York Court of Appeals · 1907
- Hayward v. PlantSupreme Court of Connecticut · 1923
- In Re the Accounting of BarkerNew York Court of Appeals · 1921
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