Cromwell v. Cromwell
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Oliver E. Cromwell, individually and as executor, etc., of Charles T. Cromwell, deceased, from a judgment of the Supreme Court in favor of the defendant Oliver E. Cromwell, Jr., entered in the office of the clerk of the county of Westchester on the 16th day of April, 1900, upon the decision of the court rendered after a trial at the Westchester Special Term construing the will of Charles T. Cromwell, deceased.
1Opinion of the Court
Jenks, J.:
The testator executed the will in 1890. He devised his residence, known as Island Home, as an establishment, to his only son Oliver in fee. In 1893 he executed the 4th codicil that provided, “ On the death of my said son Oliver, I give and devise to my said grandson Oliver E., his heirs and assigns, my property or preña*104ises in the said Town of Rye, known as Island Home, Man arsing Island, and the appurtenances thereto belonging.” The plain ordinary meaning of the words relating to the residence is that in 1890 he devised it, furnished for living, to his son in fee, and that in 1893…
2Cases cited8 opinions
- Baer v. HendricksNew York Court of Appeals · 1895
- Byrnes v. . StilwellNew York Court of Appeals · 1886
- Mullarky v. . SullivanNew York Court of Appeals · 1892
- Crozier v. . BrayNew York Court of Appeals · 1890
- Freeman v. . CoitNew York Court of Appeals · 1884
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3Cited by3 opinions
- Beech v. ParksSouth Dakota Supreme Court · 1945
- In re the Estate of HallNew York Surrogate's Court · 1932
- Odell v. UhlNew York Supreme Court · 1908