Howland v. Union Theological Seminary & Bayley
The Superior Court of New York City
The bill in this cause was filed in the supreme court by the acting executors of James Roosevelt, late of the city of Hew York, deceased, for a construction of the last will and testament of the deceased, and the codicils thereto. The will first gave, devised, and bequeathed to Harriet, the wife of the testator, a lot in Bleecker street, and his furniture, books, carriages, horses, and some plate, &c.
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The bill in this cause was filed in the supreme court by the acting executors of James Roosevelt, late of the city of Hew York, deceased, for a construction of the last will and testament of the deceased, and the codicils thereto. The will first gave, devised, and bequeathed to Harriet, the wife of the testator, a lot in Bleecker street, and his furniture, books, carriages, horses, and some plate, &c. He next devised and bequeathed to her for life, “ the use of my other plate and of the dwelling-house, coach-house, and grounds in the city of Hew York, where I reside during the winter, and…
1Opinion of the CourtBy the Court. Duer, J.
The questions that we are required to determine in this suit, arise upon the last will, with its codicils, of James Roosevelt, deceased. The testator by his will, and by the second codicil, gave a portion of his real and personal estate, to his grandson, James Roosevelt Bayley; and the questions are, whether by the third codicil these provisions for the grandson have been wholly or in part revoked, and all the estate and interests which they embrace, given to the other defendants, the Union Theological Seminary. It is insisted, on the part of the grandson, that there is no effectual…
2Cases cited2 opinions
- Tolmie's Lessee v. ThompsonU.S. Circuit Court for the District of District of Columbia · 1827
- Lippett v. HopkinsU.S. Circuit Court for the District of Rhode Island · 1813
3Cited by2 opinions
- Boone v. Citizens' Savings BankNew York Court of Appeals · 1881
- Russell v. EplerAppellate Court of Illinois · 1882