Stringer v. Barker
Appellate Division of the Supreme Court of the State of New York
Appear by the defendants, George A. Barker and another, as executors and trustees, etc., of George Bell, deceased, and • others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of- the clerk of the county of Kings off the 8bh day of February, 190Í.- , George Bell died on July 21, 1879, leaving an estate iof nearly $1,000,000, in value and a last will and testament which was thereafter duly admitted to probate in the Surrogate’s Court…
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Appear by the defendants, George A. Barker and another, as executors and trustees, etc., of George Bell, deceased, and • others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of- the clerk of the county of Kings off the 8bh day of February, 190Í.- , George Bell died on July 21, 1879, leaving an estate iof nearly $1,000,000, in value and a last will and testament which was thereafter duly admitted to probate in the Surrogate’s Court .'of the county of New Y ork, the substantial effect of which is as follows : The residue of his estate the testator gives-…
1Opinion of the Court
Jenks, J.:
Barker took either a vested or a contingent estate. (Real Prop. Law,* § 30.) The estate was a future estate. (Ibid, § 27.) It was an estate in expectancy. (Ibid, § 25.) My induction, therefore, is that it was descendible, devisable and alienable. (Ibid, §§ 3, 49.) And so arev the authorities. If the estate was vested, the assignment was valid (Lewisohn v. Henry, 179 N. Y. 352, 361); if it was contingent, the assignment was likewise valid (Kenyon v. See, 94 id. 563 ; Hennessy v. Patterson, 85 id. 91, 104), inasmuch as the uncertainty was not as to the person. (Reeves Real Prop. §…
2Cases cited8 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Moore v. LittelNew York Court of Appeals · 1869
- Lent v. . HowardNew York Court of Appeals · 1882
- Graff v. . BonnettNew York Court of Appeals · 1865
- Verplanck v. TompkinsNew York Court of Appeals · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- National Park Bank v. BillingsAppellate Division of the Supreme Court of the State of New York · 1911
- Ransom v. RansomAppellate Division of the Supreme Court of the State of New York · 1911
- Ransom v. RansomNew York Supreme Court · 1910
- Hills v. FlynnAppellate Division of the Supreme Court of the State of New York · 1914
- Schell v. CarpenterNew York Supreme Court · 1906
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