Franklin v. Minertzhagen
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Grace H. Franklin and another, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 3d day of November, 1898, upon the decision of the court rendered after a trial at the New York Special Term dismissing the complaint upon the merits. The action was brought for the partition of certain real estate situate in the city of New York, of which Richard G. Barcalow died seized.
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Appeal by the plaintiffs, Grace H. Franklin and another, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 3d day of November, 1898, upon the decision of the court rendered after a trial at the New York Special Term dismissing the complaint upon the merits. The action was brought for the partition of certain real estate situate in the city of New York, of which Richard G. Barcalow died seized. Two of the defendants demurred to the complaint upon the ground, among others, that it did not state facts sufficient…
1Opinion of the Court
McLaughlin, J.:
The plaintiffs predicate their right to maintain this action upon the alleged invalidity of the 6th clause of the will of Richard G. Barcalow, deceased; their contention being that the attempted disposition of the property mentioned was invalid because the power of alienation is suspended for a longer period than the statute relating to the creation and division of estates permits. (R. S. pt. 2, chap. 1, tit. 2, § 15.)
So much of the will of Mr. Barcalow as is involved in the consideration and disposition of the question presented, reads as follows :
“ Sixth. I give, devise and…
2Cases cited1 opinion
- Woodgate v. . FleetNew York Court of Appeals · 1876
3Cited by1 opinion
- In re the Estate of ReidNew York Surrogate's Court · 1937