Legal Opinion

Butler v. Butler

New York Court of Chancery

Decided June 5, 1848PublishedCited by 10 opinions

This was an appeal from a decree of the vice chancellor of the second circuit, dismissing the complainant’s bill. The object of the bill was to obtain a judicial construction of the will of Thomas Arden deceased; particularly in reference to the third and fourth codicils.

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This was an appeal from a decree of the vice chancellor of the second circuit, dismissing the complainant’s bill. The object of the bill was to obtain a judicial construction of the will of Thomas Arden deceased; particularly in reference to the third and fourth codicils. By the third codicil the testator directed his executors to pay to the complainant, his granddaughter S. M. Butler, the daughter of his deceased son Tho’s Arden, $1000 annually, in quarterly payments, for the term of seven years after the decease of the testator, and on the division of his estate, at the end of that time, to…

1Opinion of the Court

The Chancellor.

The fair construction of the fourth codicil is, that the testator referred, therein, to the eldest child of the complainant at the time of making such codicil, as the one upon whose arrival at the age of twenty-one, the complainant’s estate or income in the profits of that fourth of the testator’s property should terminate; and not the eldest child *310which she might have who should attain the age' of twenty-one. For in the last case the power of alienation might he suspended for more than two lives in being at the death of the testa tor, before the contingency would happen by…

2Cited by10 opinions

  1. McCartney v. OsburnIllinois Supreme Court · 1886
  2. Du Bois v. RayNew York Court of Appeals · 1866
  3. French v. FrenchWest Virginia Supreme Court · 1877
  4. Simpson v. CookSupreme Court of Minnesota · 1877
  5. Doubleday v. NewtonNew York Supreme Court · 1855

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