Bailey v. . Bailey
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made March 9,1884, which affirmed a judgment entered upon the report of a referee. This action was brought to obtain a judicial construction of the will of Ben jamin Bailey, deceased. The provisions of the will in question and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made March 9,1884, which affirmed a judgment entered upon the report of a referee. This action was brought to obtain a judicial construction of the will of Ben jamin Bailey, deceased. The provisions of the will in question and the material facts are stated in the opinion. Conceding that the trust which the testator attempted, by the sixth clause of his will, to create for the disposition of the rents and profits of his real estate, during the lives therein mentioned, is void…
1Opinion of the CourtMiller, J.
This case involves the construction to be placed upon various provisions of the last will and testament of Benjanim Bailey, deceased. By the fifth clause of the will, after making a bequest of certain personal property to his wife, the testator devised to her the use and income of the house and lot where he resided, Flo. 344 West Fourteenth street in the city of Hew York, and declared that “ upon her death the said house and lot to become a part of the residue of my estate, and to be disposed of as hereinafter provided.” He further provided that the above bequest to his wife should be in lieu…
2Cases cited3 opinions
- Downing v. . MarshallNew York Court of Appeals · 1861
- Monarque v. . MonarqueNew York Court of Appeals · 1880
- Craig v. CraigNew York Court of Chancery · 1848
3Cited by16 opinions
- Stringer v. . YoungNew York Court of Appeals · 1908
- Decker v. . VreelandNew York Court of Appeals · 1917
- Kahn v. TierneyAppellate Division of the Supreme Court of the State of New York · 1909
- Dean v. MumfordMichigan Supreme Court · 1894
- Wachovia Bank v. EdwardsSupreme Court of North Carolina · 1927
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