Sears v. Shafer
New York Supreme Court
In Egujity, Dedrick Shafer, of the county of Orange, grandfather of the plaintiffs and defendants, died in 1807, leaving his last will and testament, by which he devised to each of his three sons, Bedrick, Daniel and Frederick, a farm, generally, without words of limitation, or inheritance, and gave to his daughter Elizabeth £720, to be put out by the executors, and the interest paid to her annually.
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In Egujity, Dedrick Shafer, of the county of Orange, grandfather of the plaintiffs and defendants, died in 1807, leaving his last will and testament, by which he devised to each of his three sons, Bedrick, Daniel and Frederick, a farm, generally, without words of limitation, or inheritance, and gave to his daughter Elizabeth £720, to be put out by the executors, and the interest paid to her annually. The three sons were appointed executors, and, soon after their father’s death, took upon themselves the execution of the will. On the 5th day of February, 1820, Elizabeth, being then the widow of…
1Opinion of the CourtBarculo, J.
It is a proposition too plain to admit of discussion, that under the devise in his father’s will, Frederick took but a life estate in the premises in question. Upon the father’s death, therefore, the remainder vested in his heirs at law; of whom Elizabeth was one; and as such, she was entitled to a fourth part of the estate not disposed of by the will. This one-fourth passed to her heirs at law, the present plaintiffs, unless her interest was conveyed by the release dated 5th of February, 1820. The whole case, consequently, turns upon the validity of that instrument.
It is not pretended that,…
2Cases cited2 opinions
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