Wood v. Keyes
New York Court of Chancery
Perley Keyes, by his will made in September, 1833, a few months previous to his death, after giving a legacy of $1000 to his son-in-law and $10 to his son, devised and bequeathed unto W. Wood, his son-in-law, all his real and personal estate, in trust for the use, benefit and support of the testator’s daughter Marietta, subject to the several gifts, bequests and provisions contained in the will.
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Perley Keyes, by his will made in September, 1833, a few months previous to his death, after giving a legacy of $1000 to his son-in-law and $10 to his son, devised and bequeathed unto W. Wood, his son-in-law, all his real and personal estate, in trust for the use, benefit and support of the testator’s daughter Marietta, subject to the several gifts, bequests and provisions contained in the will. And he directed the trustee, who was also appointed the executor, so to husband and manage the’estate as to make it yield the greatest profit, keeping the buildings and real estate in good condition…
1Opinion of the Court
The Chancellor.
As there is no dispute between the parties as to facts, the only question is as to the rights of the parties under the will. There is no provision in the will disposing of the property in favor of the defendants, in the event of the death of the daughter without issue. It therefore necessarily follows, that if the estate is not devised in fee to the daughter, in the event of her dying without issue, this contingent remainder is an interest in the property not disposed of by the will; and must be distributed as if the testator had died intestate. In that case the brother takes…
2Cited by9 opinions
- Betts v. BettsNew York Supreme Court · 1878
- Sweeney v. . WarrenNew York Court of Appeals · 1891
- Howland v. . ClendeninNew York Court of Appeals · 1892
- Butler v. GreenNew York Supreme Court · 1892
- Knickerbocker Trust Co. v. KingAppellate Division of the Supreme Court of the State of New York · 1908
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