Corse v. . Chapman
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the first judicial department, entered December 18, 1895, denying a motion for a new trial, under section 1001 of the Code of Civil Procedure. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the General Term of the Supreme Court in the first judicial department, entered December 18, 1895, denying a motion for a new trial, under section 1001 of the Code of Civil Procedure. The nature of the action and the facts, so far as material, are stated in the opinion. From the time of the-death of the testator, the power of conveying an absolute fee-in possession was suspended, as to his improved real estate-for a certain period of time, and the query of fact is, “ was it for more than two lives in being at the death of the testator,, and was such his intent.” (1 R.…
1Opinion of the CourtBartlett, J.
This is an action to construe the will and codicil of Henry Corse, deceased, a former resident of the city of Hew York.
The learned judge at Special Term held, very properly, that this is not an action for partition, as the trustees simply seek to perfect the eight trust estates or shares claimed to have been created by the will, under the advice and with the assistance of the court.
The second subdivision of the will creates the eight trust-shares and the appellants attack the validity of these provisions.
The personal estate of the testator is not involved on this appeal, and we are asked to…
2Cases cited6 opinions
- Livingston v. . GreeneNew York Court of Appeals · 1873
- Vanderpoel v. . LoewNew York Court of Appeals · 1889
- Nelson v. . RussellNew York Court of Appeals · 1892
- Byrnes v. . StilwellNew York Court of Appeals · 1886
- Taggart v. . MurrayNew York Court of Appeals · 1873
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3Cited by31 opinions
- Connelly v. . O'BrienNew York Court of Appeals · 1901
- Lewis v. . HoweNew York Court of Appeals · 1903
- Simpson v. Trust Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1908
- Preston v. Safe Deposit & Trust Co.Court of Appeals of Maryland · 1911
- Davidson v. JonesAppellate Division of the Supreme Court of the State of New York · 1906
26 more not listed; retrieve them via the Exa API.