Clay v. . Wood
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered December 23, 1895, which affirmed a judgment of Special Term dismissing the complaint. This action was brought for the partition of real property and it involves the construction of the will of William W. Clay, deceased.
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Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered December 23, 1895, which affirmed a judgment of Special Term dismissing the complaint. This action was brought for the partition of real property and it involves the construction of the will of William W. Clay, deceased. By that will the testator, after directing the payment of his debts and funeral expenses, and particularly an indebtedness secured by mortgage upon his house and lot, in the second clause gave to his wife Lucretia, “ and to her heirs and -assigns forever,” the house…
1Opinion of the CourtGray, J.
Upon reading this will we can infer some conflict in the mind of the testator with respect to the ultimate disposition which he should make of his property. It was as to how he might benefit the persons named in the fifth clause, after his widow’s death. He could have created, in terms, a life estate in his wife, with a remainder over in their favor, in which case there would be a certainty with respect to their interest; or he could have created a power of appointment in their favor with a like certainty ; or he could take the course which he did, namely, of desiring that his wife should…
2Cases cited4 opinions
- Colton v. ColtonSupreme Court of the United States · 1888
- Phillips v. . PhillipsNew York Court of Appeals · 1889
- In Re the Final Accounting of GardnerNew York Court of Appeals · 1893
- Smith v. . FloydNew York Court of Appeals · 1893
3Cited by51 opinions
- Tillman v. . OgrenNew York Court of Appeals · 1920
- Collister v. . FassittNew York Court of Appeals · 1900
- Post v. . MooreNew York Court of Appeals · 1905
- In re the Judicial Settlement of the Account of Proceedings of ArrowsmithAppellate Division of the Supreme Court of the State of New York · 1914
- Peyton v. WehrhaneSupreme Court of Connecticut · 1939
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