Legal Opinion

West v. . Burke

New York Court of Appeals

Decided July 11, 1916PublishedCited by 12 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 7, 1915, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action' and the facts, so far as material, are stated in the opinion.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 7, 1915, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action' and the facts, so far as material, are stated in the opinion. Walter S. West, at the time the assignments purporting to he of $100,000 of the share of the residuary estate of George West, deceased, that was to be paid over and transferred to him when he became forty years of age, if he lived to reach that age, were…

1Opinion of the CourtChase, J.

George West, the appellant’s father, died January 25, 1906, leaving a will which was duly probated. By his will, after various provisions that are immaterial on this appeal, he provided (by a codicil probated as a part of his will) as follows:

“ Second. All the rest, residue and remainder of my property, real and personal, and of every name and nature, I give, devise and bequeath unto my executors and trustees and to their successors in the trusts hereby created, and to the survivor or survivors of them, in trust nevertheless, to invest and reinvest my personal property, rent my real property…

2Cases cited4 opinions

  1. Stringer v. . YoungNew York Court of Appeals · 1908
  2. National Park Bank v. BillingsAppellate Division of the Supreme Court of the State of New York · 1911
  3. The National Park Bank of New York v. . BillingsNew York Court of Appeals · 1911
  4. Clowe v. . SeaveyNew York Court of Appeals · 1913

3Cited by12 opinions

  1. Seattle First National Bank v. CrosbyWashington Supreme Court · 1953
  2. Graham v. HunterAppellate Division of the Supreme Court of the State of New York · 1943
  3. In re the Accounting of Chemical Bank New York Trust Co.New York Court of Appeals · 1969
  4. Brewster v. GageCourt of Appeals for the Second Circuit · 1929
  5. Howland v. StitzerSupreme Court of North Carolina · 1952

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