Wood v. Burnham
New York Court of Chancery
This case came before the chancellor upon the appeal of the complainant, and also upon the appeal of Seneca Wood and two of the other children of Walter Wood deceased, from so much 0f the decree of the vice chancellor of the seventh circuit as adjudged and declared that the children of the testator who were living at the time appointed for the division of his residuary estate only took estates for life in their respective shares thereof; and that the remainders in fee, upon…
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This case came before the chancellor upon the appeal of the complainant, and also upon the appeal of Seneca Wood and two of the other children of Walter Wood deceased, from so much 0f the decree of the vice chancellor of the seventh circuit as adjudged and declared that the children of the testator who were living at the time appointed for the division of his residuary estate only took estates for life in their respective shares thereof; and that the remainders in fee, upon the termination of such estates for life, would belong to such persons as, at the death of the first takers,…
1Opinion of the Court
The Chancellor.
As the defendant Burnham, who made the objection in his answer that the presumptive heirs at law of the surviving children were not made parties, has not appealed from that part of the decree which relates to that subject, and has not appeared to argue the case on this appeal, it is not necessary to examine the question here whether he had a right to insist that they should be made parties, for his benefit and protection against any future litigation with them.
The infant son of Mrs. Burnham, who is one of the presumptive heirs of his uncle J. M. Wood, is the only party who has…
2Cited by8 opinions
- Wagstaff v. LowerreNew York Supreme Court · 1856
- Gardner v. AndersonSupreme Court of Kansas · 1923
- Schoonmaker v. SheelyCourt for the Trial of Impeachments and Correction of Errors · 1846
- Bucklin v. CreightonSupreme Court of Rhode Island · 1893
- Yeaton v. RobertsSuperior Court of New Hampshire · 1854
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