Barker v. Barker
New York Surrogate's Court
Cross-appeals by the plaintiff, Charles V. Barker, and by the defendants Maudl Archer and others, from an interlocutory judgment of the Supreme Court in favor of certain of the defendants, entered in the office of the clerk of the county of Kings on the 21st day of April, 1915, upon the decision- of the court after a trial at the Kings County Special Term.
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Cross-appeals by the plaintiff, Charles V. Barker, and by the defendants Maudl Archer and others, from an interlocutory judgment of the Supreme Court in favor of certain of the defendants, entered in the office of the clerk of the county of Kings on the 21st day of April, 1915, upon the decision- of the court after a trial at the Kings County Special Term. The plaintiff and the defendants Clifford J. Barker, Ethel B. Miller and Maud Archer appeal, among other things, from the provision of said judgment which decrees that the defendant Beatrice Arabelle Barker has an interest in the real…
1Opinion of the Court
Thomas, J.—
The testator, dying in 1875, gave by will to his daughters annuities charged on his estate, declared inalienable during several lives, and his property, subject thereto, in trust to apply the income to the education, support and maintenance of his sons John and Samuel during their lives, and added: “And on their deaths the same shall belong and descend (the real Estate in fee) subject as aforesaid to their heirs and descendants — and if none, then to my heirs at law, and in case of the death of either said] John A. G. or Samuel P. then his share (one half) of the income or profits…
2Cases cited8 opinions
- Ford v. . KnappNew York Court of Appeals · 1886
- Losey v. . StanleyNew York Court of Appeals · 1895
- Pittinger v. PittingerSupreme Court of Colorado · 1901
- Matter of EasterlyNew York Court of Appeals · 1911
- Barker v. BarkerNew York Supreme Court · 1915
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