Quade v. Bertsch
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Caroline Quade, from so much of a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 11th day of January, 1901, upon the decision of the court, rendered after a trial at the Kings County Special Term, as decrees that all and several the trust provisions embraced in the will of William Broistedt, deceased, are valid, legal and effectual in every respect, and that the gifts to the…
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Appeal by the plaintiff, Caroline Quade, from so much of a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 11th day of January, 1901, upon the decision of the court, rendered after a trial at the Kings County Special Term, as decrees that all and several the trust provisions embraced in the will of William Broistedt, deceased, are valid, legal and effectual in every respect, and that the gifts to the issue of the testator’s children vested at the death of their parents, and which enjoins the parties to the action from…
1Opinion of the Court
Jenks, J.:
As the absolute ownership is suspended for the life of the widow and for each share during the life of each child of the testator, the practical question upon this appeal is whether the gifts to the grandchildren are vested or contingent, or, in other words, is time annexed to the gifts or only to the payments thereof ? The learned counsel for the appellant insists upon the application of certain familiar rules of construction recently reiterated in Warner v. Durant (76 N. Y. 133); in Matter of Baer (147 id. 348), and in. Matter of Crane (164 id. 71). The intent of the testator, as *605g…
2Cases cited14 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Smith v. . EdwardsNew York Court of Appeals · 1882
- Warner v. . DurantNew York Court of Appeals · 1879
- Goebel v. . WolfNew York Court of Appeals · 1889
- Beardsley v. . HotchkissNew York Court of Appeals · 1884
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- In Re the Accounting of Fifth Avenue Bank of New YorkNew York Court of Appeals · 1940
- In Re the Will of ChittickNew York Court of Appeals · 1926
- In re the Intermediate Account of RichmanNew York Surrogate's Court · 1945
- In re the Accounting of LevyNew York Surrogate's Court · 1949
- In re the Construction of the Last Will & Testament of ChittickAppellate Division of the Supreme Court of the State of New York · 1926
7 more not listed; retrieve them via the Exa API.