Allen v. White

The problem which requires resolution upon this motion to strike out the separate defense contained in the defendants’ answer in an action for the partition of real property is whether the last will and testament of Henry Le Blanc, also known as Henry White, who died a resident of Albany County on April 23,1910, created a vested or contingent remainder in his residuary estate subject to the use thereof by his widow during her lifetime or until her remarriage. The testator left him surviving his widow, Mary, who remained unmarried until her death in 1946 and seven children, two of whom…