In re the New York, Lackawanna & Western Railway Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the then fourth judicial department, made April 14, 1883, which affirmed an order of Special Term, directing the moneys awarded as compensation for certain real estate taken by the petitioner in these proceedings to bfe paid over to the treasurer of Livingston county and the interest thereon paid to Minnie Van Zandt during her life, and upon her death the principal to be paid to the persons entitled thereto under…
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Appeal from order of the General Term of the Supreme Court in the then fourth judicial department, made April 14, 1883, which affirmed an order of Special Term, directing the moneys awarded as compensation for certain real estate taken by the petitioner in these proceedings to bfe paid over to the treasurer of Livingston county and the interest thereon paid to Minnie Van Zandt during her life, and upon her death the principal to be paid to the persons entitled thereto under the will of Ellen M. Wisner who, at her death, was owner of the real estate in question. The material portions of the…
1Opinion of the CourtRapallo, J.
It may be regarded as a settled rule of construction that where there is a devise to one person in fee, and in case of his death to another, the contingency referred to is-the death of the first named devisee during the lifetime of the testator, and that if- such devisee survives the testator, he takes an absolute fee ; that the words of contingency do not create a remainder over to take effect upon the death, at any time, of the first taker, nor an executory devise, but are merely substitutionary and used for the purpose of preventing a lapse in case the devisee first named should not be…
2Cases cited5 opinions
- Vanderzee v. SlingerlandNew York Court of Appeals · 1886
- Anderson v. JacksonNew York Supreme Court · 1819
- Britton v. ThorntonSupreme Court of the United States · 1884
- Quackenbos v. . KingslandNew York Court of Appeals · 1886
- Emmons v. CairnsNew York Supreme Court · 1848
3Cited by17 opinions
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- Shadden v. HembreeOregon Supreme Court · 1888
- Hart v. RogersCourt of Appeals of Texas · 1975
- Black v. WilliamsNew York Supreme Court · 1889
- Renner v. GermanCourt of Appeals of Texas · 1947
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