Smith v. Post
New York Court of Chancery
Bill for di'rections in relation to the distribution of the estate of John Post, deceased. " The testator, by his will, dated the fourth day of July one thousand eight hundred ahd seventeen, among other provisions for his wife in lieu of dower, bequeathed to her one thousand dollars to be paid annually out of the rents, issues and profits of his real estate and also one half of the ready * money in his house at the time of his death.
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Bill for di'rections in relation to the distribution of the estate of John Post, deceased. " The testator, by his will, dated the fourth day of July one thousand eight hundred ahd seventeen, among other provisions for his wife in lieu of dower, bequeathed to her one thousand dollars to be paid annually out of the rents, issues and profits of his real estate and also one half of the ready * money in his house at the time of his death. He gave the residue of the rents, issues and profits of his real and personal estate to his five children, namely, Catharine Butler, John I. Post, Deborah…
1Opinion of the Court
The Vice-Chancellor:
Under the devise of the residue of the rents and profits, after the one thousand dollars annually is taken out of the same for the widow of the testator, *527I am of opinion that the children of the testator, namely, Mrs. Ritter, Mrs. Douglass, John I. Post, Peter R. Post and William Post, take life estates in the lands as tenants in common, with benefit of survivorship or cross-remainders for life, in the event of one or more of them dying without lawful issue. The words “or their legal heirs according to the terms hereinafter named,” are, in this will, words of purchase and…
2Cited by8 opinions
- Cort v. LassardOregon Supreme Court · 1889
- In re the Final Judicial Settlement of the Accounts of NorthropAppellate Division of the Supreme Court of the State of New York · 1922
- In re the Judicial Settlement of the Account of Proceedings of IngersollAppellate Division of the Supreme Court of the State of New York · 1904
- Goldtree v. ThompsonCalifornia Supreme Court · 1889
- McCaull v. BrahamU.S. Circuit Court for the District of Southern New York · 1883
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