Jennings v. . Jennings
New York Court of Appeals
Appeal from the general term of the Superior Court of the city of New York, where a judgment for the plaintiff, upon demurrer to the answer, had been affirmed.
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Appeal from the general term of the Superior Court of the city of New York, where a judgment for the plaintiff, upon demurrer to the answer, had been affirmed. (Reported below, 5 Sandf. 174.) This was an ejectment to recover possession of one undivided sixth part of certain lots of ground, in the city of New York, which the plaintiff, Ann Jennings, claimed as one of the heirs-at-law of her father, Joseph Jennings, who died seised thereof, in May 1850. The defendant, Mary Ann Jennings, the widow of Joseph Jennings, claimed title under the will of her deceased husband. The defendant set forth…
1Opinion of the Court
Gbidley, J.,
after stating the facts of the case, and the provisions of the will, proceeded: — The scheme of the will is, therefore, this: that the income of the testator’s estates, real and personal, after the payment of his just debts, should be applied to the clothing and maintenance of his wife, and the clothing, maintenance and education of his children by her, and the surplus was to be invested by the wife, as trustee for the children. The property was all to be kept together, undivided, until the eldest surviving child, by his present wife, should become twenty-one years old, and then…
2Cases cited5 opinions
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
- Stevenson v. . LesleyNew York Court of Appeals · 1877
- Gott v. CookNew York Court of Chancery · 1839
- People v. WhiteCourt for the Trial of Impeachments and Correction of Errors · 1840
- Boynton v. HoytCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by14 opinions
- Crooke v. . County of KingsNew York Court of Appeals · 1884
- Simpson v. CookSupreme Court of Minnesota · 1877
- Assets Realization Co. v. HowardNew York Supreme Court · 1911
- Assets Realization Co. v. HowardNew York Supreme Court · 1911
- Bindrim v. UllrichAppellate Division of the Supreme Court of the State of New York · 1901
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