Du Bois v. Ray
New York Court of Appeals
This action was" commenced for the purpose of obtaining a- construction of the last will and testament of Bichard Bay, deceased. ' The testator was a resident of the city of New York, a lawyer by profession, and possessed of a large real and per- . sonal estate. The will under consideration bears date March 22,1834, at which time the testator had one child, named Elizabeth Sarah, and his wife, Mary B. Bay, was then and still is living.
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This action was" commenced for the purpose of obtaining a- construction of the last will and testament of Bichard Bay, deceased. ' The testator was a resident of the city of New York, a lawyer by profession, and possessed of a large real and per- . sonal estate. The will under consideration bears date March 22,1834, at which time the testator had one child, named Elizabeth Sarah, and his wife, Mary B. Bay, was then and still is living. On the 9th of February, 1835, the testator had another daughter born, named Mary Bebecca, who is now living, and is the wife of the plaintiff, Du Bois. The…
1Opinion of the Court
Davies, Ch. J.
The questions presented for examination and decision arise upon the sixth clause of the will, which is in these words: “ In case I have no child or children living at the time of my death, or no posthumous child, or in case such child or children should die without lawful issue, and thus I should have no lineal descendants, I give, devise and bequeath my whole estate, real and personal, to the children whom my brother, Bobert Bay, and my sister, Mary King, may leave, or the child or children of any who may die before me (such child or children to inherit only its father’s or…
2Cases cited5 opinions
- Moore v. LyonsNew York Supreme Court · 1840
- Pond v. BerghNew York Court of Chancery · 1843
- Doe ex dem. Barnes v. ProvoostNew York Supreme Court · 1809
- Butler v. ButlerNew York Court of Chancery · 1848
- Collin v. CollinNew York Court of Chancery · 1846
3Cited by37 opinions
- Mee v. . GordonNew York Court of Appeals · 1907
- In re the Estate of McCaffertyNew York Surrogate's Court · 1932
- In re the Final Judicial Settlement of the Accounts of HoytAppellate Division of the Supreme Court of the State of New York · 1906
- Pate v. BushongIndiana Supreme Court · 1903
- Morrison v. PiperNew York Court of Appeals · 1990
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