Leslie v. Marshall
New York Supreme Court
APPEAL from a judgment in an action for the partition of real property. Bela D. Coe made and published his last will and testament, and died in November, 1852, leaving a widow him surviving. He devised to his wife, for and during her natural life, certain real estate.
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APPEAL from a judgment in an action for the partition of real property. Bela D. Coe made and published his last will and testament, and died in November, 1852, leaving a widow him surviving. He devised to his wife, for and during her natural life, certain real estate. He made other devises, and then devised and bequeathed one third part of the rest, residue, remainder and reversion of his estate, real and personal, to his wife’s sister, Mellicent D. Marshall, and to the heirs of her body forever, and in case of her death without issue, then living, he devised and bequeathed her said portion,…
1Opinion of the Court
By the Court, Marvin, J.
The question in this case is, whether the “ Trustees of the Theological Seminary of Auburn, in -the State of Hew York,” had capacity to take by devise, the remainder, under the will- There is no ambiguity in the will; no construction is called for. The intention of the testator is entirely clear. Jt was his intention that the Theological Seminary, upon the happening of the contingency specified in the will, should take the equal one half of the one third devised to Edward B. Coe.
The Theological Seminary was incorporated in 1820. It was not expressly authorized by its…
2Cases cited3 opinions
- Trustees of the Philadelphia Baptist Ass'n v. Hart's ExecutorsSupreme Court of the United States · 1819
- Inglis v. Trustees of Sailor's Snug Harbour in City of New YorkSupreme Court of the United States · 1830
- Theological Seminary v. Childs & StebbinsNew York Court of Chancery · 1834
3Cited by7 opinions
- Betts v. BettsNew York Supreme Court · 1878
- Bunting v. SpeekSupreme Court of Kansas · 1889
- Schuyler v. HannaNebraska Supreme Court · 1891
- Freeborn v. WagnerNew York Court of Appeals · 1868
- Woodruff v. EllenNew York Supreme Court · 1866
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