Woodruff v. Ellen
New York Supreme Court
ACTION to obtain a judicial construction of the last will and testament of John Woodruff, deceased, and to restrain and enjoin the defendants Simeon Cook and Bose Ellen Cook, his wife, from committing waste on a farm situated in Otsego county, which the deceased owned at the time of Ms death; and for a partition of such farm. The will of the deceased was dated and executed August 21, 1855, and by it the testator devised and directed as follows, viz: “First.
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ACTION to obtain a judicial construction of the last will and testament of John Woodruff, deceased, and to restrain and enjoin the defendants Simeon Cook and Bose Ellen Cook, his wife, from committing waste on a farm situated in Otsego county, which the deceased owned at the time of Ms death; and for a partition of such farm. The will of the deceased was dated and executed August 21, 1855, and by it the testator devised and directed as follows, viz: “First. The whole of my property, personal as well as real estate, stock and every tMng else, I give to my wife during her lifetime. My estate,…
1Opinion of the CourtBalcom, J.
The will gave the widow of the testator an estate in the farm in question, for and during her life, and after her death it gave the farm to Ellen Rose, during her life, and, if she should have a child, it gave her the farm in fee. The widow and Ellen Rose were both living at the time the will was made, and the devises to them were valid, unless the attempt of the testator to give the husband of Ellen Rose an estate, during his life, in the farm, if she should die without having issue, previous to the decease of her husband, destroys those devises. The statute is, “ where a remainder shall be…
2Cases cited8 opinions
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
- Campbell v. . RawdonNew York Court of Appeals · 1858
- Blakeley v. . CalderNew York Court of Appeals · 1857
- Yates v. YatesNew York Supreme Court · 1850
- Crippen v. HeermanceNew York Court of Chancery · 1841
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Chipman v. . MontgomeryNew York Court of Appeals · 1875
- In re BrewerNew York Supreme Court · 1887
- Williams v. PeabodyNew York Supreme Court · 1876