Wells v. Petree

Ogden, P. J.,

dissenting.—Not being able to assent to-the opinion of the court in this case, I deem it proper tosíate my reason for the dissent. In the first place Wm. *430A. Cook, the testator, having died before the passage of ¡the act of July, 1856, concerning wills, had no power to «dispose absolutely at his pleasure of more than one-fourth of his estate, he leaving a large family of children as his heirs. His will, therefore, so far as it came in conflict with the then existing statute, should be regarded as null and void, so far as three-fourths of his estate is concerned. (Haggerty v.…