Frazer v. Hoguet
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Annie Frazer and another, from an interlocutory judgment of the Supreme Court in favor of certain defendants, entered in the office of the clerk of the county of New York on the 17th day of April, 1901, upon the decision of the court rendered after a trial at the New York Special Term sustaining a ■demurrer to the complaint upon the ground .that it fails to state a cause of action.
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Appeal by the plaintiffs, Annie Frazer and another, from an interlocutory judgment of the Supreme Court in favor of certain defendants, entered in the office of the clerk of the county of New York on the 17th day of April, 1901, upon the decision of the court rendered after a trial at the New York Special Term sustaining a ■demurrer to the complaint upon the ground .that it fails to state a cause of action. The action is brought to have declared void a will made by one Daniel Harnett, or if it be found that the same or any of the provisions thereof are valid, then that such provisions may be…
1Opinion of the Court
Hatch, J.:
So far as disposition is made by this will of the personal property there can be no possible controversy, for by the 2d clause the personal property is bequeathed to the wife of the testator absolutely, and the title thereto vested immediately in her at the death of the testator ; therefore, no further consideration is necessary respecting this question.
It is the claim of the plaintiffs that the 3d clause of the will offends against the Statute of Perpetuities, and that there is an unlawful suspension of the power of alienation for more than two lives. It is quite evident from the…
2Cases cited5 opinions
- Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
- Robert v. . CorningNew York Court of Appeals · 1882
- Fairchild v. . Edson Edson v. . BartowNew York Court of Appeals · 1897
- Loder v. . HatfieldNew York Court of Appeals · 1877
- Marsh v. WheelerNew York Court of Chancery · 1834
3Cited by3 opinions
- Robb v. Washington & Jefferson CollegeAppellate Division of the Supreme Court of the State of New York · 1905
- In re the Judicial Settlement of the Accounts of StilsonAppellate Division of the Supreme Court of the State of New York · 1903
- In re the Judicial Settlement of the Estate of EldredgeNew York Surrogate's Court · 1907