Vincent v. . Newhouse
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 23, 1878, affirming a judgment entered upon the report of a referee. The nature of the action and the facts appear sufficiently in the opinion. The interests of the beneficiaries were contingent until the death of Mercy Dole.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 23, 1878, affirming a judgment entered upon the report of a referee. The nature of the action and the facts appear sufficiently in the opinion. The interests of the beneficiaries were contingent until the death of Mercy Dole. (Moore v. Lyon, 25 Wend. 119, 124; Van Nosstrand v. Moore, 52 N. Y. 12; Colton v. Fox, 67 id. 352, 353; Costar v. Lorillard, 14 Wend. 298; Carmichael v. Carmichael, 1 Abb. Ct. App. Dec. 309; Guernsey v. Guernsey, 36 N. Y. 267; Tyrun v.…
1Opinion of the CourtDanforth, J.
By the second clause of the will of Thomas Dole he declared as follows: “I give and devise to my wife Mercy, during her life, * * * one hundred and sixty-nine acres of land, * * * and I do order and direct that at the death of my said wife the said one hundred and sixty-nine acres of land be sold by my executor, and the proceeds be equally divided between my daughters Sylvia, Harriet and Janetta, and the children and heirs of my sons Benjamin and Sumner, and of my daughter Cynthia, share and share alike, and if either of the heirs above mentioned and intended shall die after the date of this…
2Cases cited6 opinions
- Ferrer v. . PyneNew York Court of Appeals · 1880
- Bool v. MixNew York Supreme Court · 1837
- Teed v. . MortonNew York Court of Appeals · 1875
- Hoppock v. . TuckerNew York Court of Appeals · 1874
- Moncrief v. . RossNew York Court of Appeals · 1872
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3Cited by58 opinions
- Baer v. HendricksNew York Court of Appeals · 1895
- New York Life Insurance & Trust Co. v. WinthropNew York Court of Appeals · 1923
- In re Estate of WalkerlyCalifornia Supreme Court · 1895
- In Re the Accounting of the Farmers' Loan & Trust Co.New York Court of Appeals · 1914
- Shipman v. . RollinsNew York Court of Appeals · 1885
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