Jones v. Jones
New York Supreme Court
About December 30, 1896, one Julia A. Jones, residing in the county of Oneida, died. She left a husband, the plaintiff Seymour Jones; also a last will and testament; also a farm and ■some personal property consisting for the most part apparently of live stock, etc., on the farm.
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About December 30, 1896, one Julia A. Jones, residing in the county of Oneida, died. She left a husband, the plaintiff Seymour Jones; also a last will and testament; also a farm and ■some personal property consisting for the most part apparently of live stock, etc., on the farm. The will was admitted to probate in January, 1897. It appointed the plaintiffs executors simply and not trustees, and it contained the following clauses for the benefit of the husband which furnish the occasion for the present controversy, viz.: “ First. I give, devise and bequeath to my husband, Seymour Jones, the…
1Opinion of the CourtHiscock, J.
In my opinion Seymour Jones took a simple life estate in the property of his wife and no trust was created. There certainly can be no question but that the first part of the clause under review whereby the testatrix gave him “ the use ” of all her property “ for and during the term of his natural life ” created such estate, especially when read in connection with clause 2. *423which gives remainder to the children. Matter of McDougall, 141 N. Y. 21; Place v. Burlingame, 75 Hun, 432; covenhoven v. Shuler, 2 Paige, 122.
It is urged by the plaintiffs, however, that the further words “ for his…
2Cases cited7 opinions
- Covenhoven v. ShulerNew York Court of Chancery · 1830
- In Re the Judicial Settlement of the Accounts of McDougallNew York Court of Appeals · 1894
- Swarthout v. . RanierNew York Court of Appeals · 1894
- Bramhall v. . FerrisNew York Court of Appeals · 1856
- Miller v. DelamaterNew York Supreme Court · 1834
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