Barnes v. Hathaway
New York Supreme Court
APPEAL by the defendants from a judgment entered upon the report of a referee. Gilbert Hathaway, of Starkey, in the county of Yates, was owner in fee of a farm in said. town on which he lived, and on the 30th June, 1854, he made a last will, wherein and whereby he devised to his wife, amongst other things, the use of said farm for life. On her death he devised the same to his son Charles, subject to the life estate of the wife.
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APPEAL by the defendants from a judgment entered upon the report of a referee. Gilbert Hathaway, of Starkey, in the county of Yates, was owner in fee of a farm in said. town on which he lived, and on the 30th June, 1854, he made a last will, wherein and whereby he devised to his wife, amongst other things, the use of said farm for life. On her death he devised the same to his son Charles, subject to the life estate of the wife. If he should die without lawful issue, it was then devised to certain grandchildren of the testator. By a subsequent clause of said will, the testator devised said…
1Opinion of the Court
By the Court,
Mullin, P. J.
The principal ground of defence to the plaintiff’s action is, that they (the defendants) did not take the land sought to be charged with the plaintiff’s claim, from their father, the debtor, but under the will of their grandfather. If this position can be maintained, the plaintiff is not entitled to the relief granted herein by the referee.
The will of Gilbert Hathaway gave the farm to Charles, the father of the defendants, subject only to the life estate of the wife of the testator, which estate had been devised to her by the first clause of the will; but, the estate…
2Cases cited1 opinion
- Skidmore v. RomaineNew York Surrogate's Court · 1852
3Cited by4 opinions
- In re the Judicial Settlement of the Account of Marine Trust Co.New York Supreme Court · 1935
- Bicknell v. SpearNew York Supreme Court · 1902
- Coe v. De WittNew York Supreme Court · 1880
- Colt v. HeardNew York Supreme Court · 1877