Gwyer v. Gwyer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Christopher Gwyer and others, from a-judgment of the Supreme Court in favor of the plaintiffs and of the defendant William E. Gwyer, entered in the office of the clerk of the county of New York on the 12th day of October, 1895, upon the decision of the court, rendered after a trial at the New York Special Term, construing the last will and testament of Christopher Gwyer, deceased.
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Appeal by the defendants, Christopher Gwyer and others, from a-judgment of the Supreme Court in favor of the plaintiffs and of the defendant William E. Gwyer, entered in the office of the clerk of the county of New York on the 12th day of October, 1895, upon the decision of the court, rendered after a trial at the New York Special Term, construing the last will and testament of Christopher Gwyer, deceased. The portions of the will which affect the questions raised are the following: “ Fourth. All the rest, residue and remainder of my said estates, real and personal, I give, devise and…
1Opinion of the Court
O’Brien, J.:
The questions involved in this appeal are : (1) Did John O. Gwyer own a vested interest in remainder in one-sixth of the property disposed of under his father’s will? (2) Is William E. Gwyer, either individually or as legatee or executor of the will of John C. Gwyer, entitled to receive the portion of the income which the latter, if living, would have been entitled to? and (3) If William E. Gwyer is entitled to take under the will of John C. Gwyer, does he take such vested estate in remainder charged with the payment of the mortgage ?
In determining these questions resort may…
2Cases cited1 opinion
- In Re the Judicial Settlement of the Accounts of SeebeckNew York Court of Appeals · 1893
3Cited by1 opinion
- In re the Estate of PulitzerNew York Surrogate's Court · 1933