Striker v. Daly
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph M. L. Striker, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 19th day of May, 1916, upon the decision of the court after a trial before the court without a jury.
1Opinion of the Court
Scott, J.:
The action is in ejectment; the facts are undisputed, and but a single question of law is involved.
In 1883 Joseph M. L. Striker died leaving a will which disposed of real and personal property, and which was admitted to probate on July 12, 1883. He gave to his grandmother the income from his estate for life. After her death he gave the income of the estate to his brother, Elsworth L. Striker, for life. Subject to these life estates he gave, devised and bequeathed his whole estate to the legal heirs of his said brother. The last two clauses of his will read as follows: “Sixth. I…
2Cases cited7 opinions
- Fleming v. . BurnhamNew York Court of Appeals · 1885
- In re Van WyckNew York Court of Chancery · 1846
- Roseboom v. MosherNew York Supreme Court · 1846
- Gould v. MatherMassachusetts Supreme Judicial Court · 1870
- Sharp v. PrattNew York Supreme Court · 1836
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Kind v. ClarkCourt of Appeals for the Second Circuit · 1947
- Loeb v. HasslacherAppellate Division of the Supreme Court of the State of New York · 1924
- Kings Medical Management, Inc. v. Baker, Sanders, Barshay, Grossman, Fass, Muhlstock & Neuwirth, P.C.Appellate Division of the Supreme Court of the State of New York · 2010