Wadsworth v. Murray
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Charles James Murray and others, from portions of a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Livingston on the 3d day of'June, 189 Y, upon the decision of the court rendered after a trial at the Monroe Special Term.
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Appeal by the defendants, Charles James Murray and others, from portions of a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Livingston on the 3d day of'June, 189 Y, upon the decision of the court rendered after a trial at the Monroe Special Term. This action was instituted to obtain a construction of the will of James Wadsworth who died in 1844, and for the final settlement of the accounts of certain trustees appointed by the said will. James Wadsworth was a resident of Livingston county and the owner of lands in the counties of…
1Opinion of the Court
Ward, J.:
The will of James Wadsworth devised to his two sons, James S. and William W., all the land and real estate of which he should die seized in the towns of Geneseo and Avon, in the county of Livingston, except what should thereafter be specifically devised, one-half to be held by each devisee during his natural life, and if he should die leaving lawful issue, such issue to take an estate in fee, but in case of dying without issue, the surviving brother was to take the fee therein, with power of sale, during their lives, as the joint act of the two sons. He then devised to each of his…
2Cases cited16 opinions
- Moore v. LyonsNew York Supreme Court · 1840
- Warner v. . DurantNew York Court of Appeals · 1879
- In Re the Appraisal for Taxation of a Portion of the Estate of SeamanNew York Court of Appeals · 1895
- Delaney v. . McCormackNew York Court of Appeals · 1882
- Nelson v. . RussellNew York Court of Appeals · 1892
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3Cited by2 opinions
- Fell v. McCreadyAppellate Division of the Supreme Court of the State of New York · 1932
- In re the Estate of DraperNew York Surrogate's Court · 1963