Lovett v. . Gillender
New York Court of Appeals
Bill for the construction of the will of George Lovett. The testator made his will, dated in October, 1861, and died in January, 1864, leaving two married daughters, Augusta Gil-lender and Mary Kingsland, his only heirs-at-law surviving. Augusta was born in 1812, and Mary in 1814. At the making of the will, and at the death of the testator, Augusta Gillender had but one child, Helena L., and Mary had nine, all then living.
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Bill for the construction of the will of George Lovett. The testator made his will, dated in October, 1861, and died in January, 1864, leaving two married daughters, Augusta Gil-lender and Mary Kingsland, his only heirs-at-law surviving. Augusta was born in 1812, and Mary in 1814. At the making of the will, and at the death of the testator, Augusta Gillender had but one child, Helena L., and Mary had nine, all then living. The substantial provisions of the will are as follows : After payment of his debts, and giving legacies of $10,000 to his brother Eobert, $5,000 to his sister, and $5,000…
1Opinion of the Court
It is insisted, on the part of the appellants, Augusta Gillender and her husband, that the grandchildren of the testator take, under the will, future estates commencing in possession after the death of his daughters; that these future estates are remainders, the precedent estates being in the testator's daughters, as his heirs-at-law, and entitled to the personalty, under the statute of distributions. It is also insisted that, "upon the words of the principal devise, leaving out of view all other parts of the will, the daughters would take an estate for life as tenants in common."
The chief…
2Cases cited1 opinion
- Van Vechten v. Van VeghtenNew York Court of Chancery · 1840
3Cited by12 opinions
- Potter v. CouchSupreme Court of the United States · 1891
- Scott v. WestWisconsin Supreme Court · 1885
- Hetzel v. . BarberNew York Court of Appeals · 1877
- In re the Estate of TalbotNew York Surrogate's Court · 1939
- In re the Accounting of Chemical Bank New York Trust Co.New York Court of Appeals · 1969
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