Morton v. Morton
New York Supreme Court
William Morton, deceased, the plaintiff’s testator, made and published his last will and testament, bearing date the 15th day of November, 1847, and thereby devised his real estate in the following words : “ First. I give and bequeath unto my beloved wife Chloe Morton, the use of all my real and personal estate of whatsoever kind and nature, to have and to hold during her natural life and as long as she remains my widow.
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William Morton, deceased, the plaintiff’s testator, made and published his last will and testament, bearing date the 15th day of November, 1847, and thereby devised his real estate in the following words : “ First. I give and bequeath unto my beloved wife Chloe Morton, the use of all my real and personal estate of whatsoever kind and nature, to have and to hold during her natural life and as long as she remains my widow. And after her decease, I will and devise unto my sons, William Morton and John Morton, all the rest and residue and remainder of my estate, to be equally divided between…
1Opinion of the Court
Brown, J,
The right of the widow to a life estate in the lands devised, subject to be defeated upon her marriage, with remainder in fee to John Morton the plaintiff, of a moiety of the premises, is not controverted. But the doubt, if any exists, arises out of the devise for the benefit of William Morton and his children.
The will contains no power of sale, of that part of the estate given to William and his children, by express words; but if a sale be necessary to carry into effect the intention of the testator then a power for that purpose will be implied. (2 Barb. S. C. Rep. 63, 4 Hill, 492.…
2Cases cited4 opinions
- Coster v. LorillardCourt for the Trial of Impeachments and Correction of Errors · 1835
- Jenkins v. FreyerNew York Court of Chancery · 1833
- Foster v. FosterNew York Court of Chancery · 1838
- Jackson ex dem. Ellsworth v. JansenNew York Supreme Court · 1810
3Cited by13 opinions
- Mee v. . GordonNew York Court of Appeals · 1907
- Clark v. HornthalMississippi Supreme Court · 1872
- Hankins v. FulcomerCourt of Appeals for the Third Circuit · 1991
- Christopher Wilkins v. Lorie Davis, DirectorCourt of Appeals for the Fifth Circuit · 2016
- Campbell v. RawdonNew York Supreme Court · 1854
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