Smith v. . Floyd
New York Court of Appeals
. Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made September 11, 1893, which affirmed an order of Special Term overruling a demurrer interposed to the amended complaint and affirmed an interlocutory judgment in favor of plaintiffs. This action was brought for the construction of the will of William Smith, deceased.
Read the full summary
. Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made September 11, 1893, which affirmed an order of Special Term overruling a demurrer interposed to the amended complaint and affirmed an interlocutory judgment in favor of plaintiffs. This action was brought for the construction of the will of William Smith, deceased. The provisions of the will in question and the facts, so far as material, are stated in the opinion. The interpretation insisted upon by the respondents, and which has received the sanction of the courts…
1Opinion of the CourtMaynard, J.
By a will made December 27, 1852, the testator, William Smith, gave his entire real estate to his only son, Egbert T. Smith, during life, adding the following provision : “ With the right and privilege of disposing of the same by will or devise to his children, if any he should have, and in case he should die without leaving any children, lawfully begotten, then and in that case I give and devise the same to the children of my daughter Lydia, to them, their heirs and assigns forever.”
The plaintiffs are the children of the son, and while the date of their birth is not very material, it appears…
2Cited by20 opinions
- In re the Accounting of United States Trust Co.New York Court of Appeals · 1957
- Clay v. . WoodNew York Court of Appeals · 1897
- Meldon v. DevlinAppellate Division of the Supreme Court of the State of New York · 1898
- McLean v. McLeanAppellate Division of the Supreme Court of the State of New York · 1916
- Loosing v. LoosingNebraska Supreme Court · 1909
15 more not listed; retrieve them via the Exa API.