Hall v. Senior
New York Supreme Court
Action for partition. Edward H. -Senior died in 1868 seized of considerable real estate in Hew York and Putnam counties.
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Action for partition. Edward H. -Senior died in 1868 seized of considerable real estate in Hew York and Putnam counties. His will contained the following provisions: " Second: I will, bequeath and devise all my worldly estate of whatsoever kind or nature, real, personal and mixed unto my dearly beloved wife Amanda Melvina Senior, for and during. her natural life, and after her death the said estate of which I may die seized, possessed of, or entitled to, both real, personal and mixed, I direct to be equally divided between our children who shall be then living, and in the event of the death…
1Opinion of the CourtO’Gorman, J.
After providing for the maintenance of his son Thomas, the testator gave a life estate in all his property to his widow, with remainder over to his nine children. They took a vested interest, liable, however, to be divested in the event of their predeceasing their mother. The will expressly declares that in the event of the death of a child before the termination of the life estate the issue of said deceased child shall take the parent’s share. One son, Edward M. Senior, died before his mother’s decease, and his interest and that of those claiming under him thereupon ceased. The rights of…
2Cases cited4 opinions
- Lockman v. . ReillyNew York Court of Appeals · 1884
- Chadeayne v. GwyerAppellate Division of the Supreme Court of the State of New York · 1903
- Damers v. SternbergerAppellate Terms of the Supreme Court of New York · 1907
- Glover v. GarganAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Bartkowaik v. SampsonOneida County Court · 1911
- Isaacs v. BersonAppellate Division of the Supreme Court of the State of New York · 1944