Livingston v. Greene
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment entered upon the decision of the court at Special Term. (Reported below, 6 Lans., 50.) This action was for partition. Henry A. Livingston died in 1849, leaving a will, by which, after giving his wife Frederica 0. Livingston, a life estate in his lands, with certain exemption from liability for use of them, he provided as follows: “Seventh.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment entered upon the decision of the court at Special Term. (Reported below, 6 Lans., 50.) This action was for partition. Henry A. Livingston died in 1849, leaving a will, by which, after giving his wife Frederica 0. Livingston, a life estate in his lands, with certain exemption from liability for use of them, he provided as follows: “Seventh. From and after the decease and death óf my beloved wife Frederica, I give and bequeath all my real estate then being whatsoever and…
1Opinion of the CourtPeckham, J.
The testator, after having given a life estate to his wife in all'his real estate, in the seventh clause of his will provides as follows: “ From and after the decease and death of my beloved wife, I give and bequeath all my real estate then being * * * * to all my children and to their heirs and assigns forever, to be equally divided, share and share alike; and should any of my children die and leave lawful heirs, such heirs to receive the portion that their parent would have been entitled to, had such parent lived; viz., after the death of my beloved wife, I give to my son John A.…
2Cases cited4 opinions
- Moore v. LittelNew York Court of Appeals · 1869
- Moore v. LyonsNew York Supreme Court · 1840
- Bundy v. . BundyNew York Court of Appeals · 1868
- Jenkins v. Van SchaackNew York Court of Chancery · 1831
3Cited by3 opinions
- Harris v. LarsenUtah Supreme Court · 1901
- In re Estate of Lynch, Superior Court of California, County of San Francisco1894
- Lewis v. New York Central RailroadNew York Supreme Court · 1867