Hersee v. . Simpson
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 18, 1897, in favor of plaintiffs upon a submission of controversy. The controversy in this case was submitted to the Ajipellate Division in the fourth department upon admitted facts.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 18, 1897, in favor of plaintiffs upon a submission of controversy. The controversy in this case was submitted to the Ajipellate Division in the fourth department upon admitted facts. The submission was in pursuance of the provisions of article 2 of title 2, chapter XI of the Code of Civil Procedure, which includes sections 1279 to 1281. The facts iqion which the questions in this case arise are fully set forth in the case agreed upon. On the twentieth of February, 1897,…
1Opinion of the CourtMartin, J.
In determining the question involved, the inquiry is presented whether the testator intended to confer upon his widow a life estate in all his property with a vested remainder in those who should be his heirs at the time of his death, or whether his intent was to postpone the vesting of the remainder until the death of the life tenant. As bearing upon this question, it is to be observed that the testator created no trust by his will. He devised a life estate in his real property to his wife, and provided that, from and after her decease, the property should be disposed of according to the…
2Cases cited5 opinions
- Moore v. LyonsNew York Supreme Court · 1840
- Livingston v. . GreeneNew York Court of Appeals · 1873
- Nelson v. . RussellNew York Court of Appeals · 1892
- Ackerman v. . GortonNew York Court of Appeals · 1876
- Sheridan v. HouseNew York Court of Appeals · 1868
3Cited by83 opinions
- In Re the Accounting of the United States Trust Co.New York Court of Appeals · 1933
- Connelly v. . O'BrienNew York Court of Appeals · 1901
- Fulton Trust Co. v. . PhillipsNew York Court of Appeals · 1916
- In re the Accounting of KroossNew York Court of Appeals · 1951
- Shufeldt v. ShufeldtWashington Supreme Court · 1924
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