Peaslee v. Peaslee
The Superior Court of New York City
Appeal from order of the special term, striking out part of the answer. Action for the construction of the fourth paragraph of the will of Edmund B. Peaslee, which was as follows: Fourth. I give to my daughter, Fanny M. Peaslee, twenty thousand ($20,000) dollars in money or its equivalent in stocks, as my executors may decide, and twenty thousand ($20,000) dollars in trust, the same to revert at her death, if without issue, equally to my wife and son.
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Appeal from order of the special term, striking out part of the answer. Action for the construction of the fourth paragraph of the will of Edmund B. Peaslee, which was as follows: Fourth. I give to my daughter, Fanny M. Peaslee, twenty thousand ($20,000) dollars in money or its equivalent in stocks, as my executors may decide, and twenty thousand ($20,000) dollars in trust, the same to revert at her death, if without issue, equally to my wife and son. Judgment was asked as to the latter sum; that one-half thereof be determined to vest absolutely in plaintiff, and that defendant Peaslee has a…
1Opinion of the Court
The answer set up that the executors had been directed to pay plaintiff $20,000, and the same was paid; that she had not invested the money, but had, in violation of the judgment, spent the whole principal sum. Said paragraph was, on motion, stricken out; the court delivering the following opinion:
McAdam, J.
The supreme court, in directing the executor to pajr to the plaintiff the first $20,000 mentioned in the will to be coustrued, evidently treated the interest of her brother Edward H. as a “contingent” remainder, for it was not to vest in him unless she died “ without issue.” The event is…
Also in this document: Per curiam.
2Cases cited3 opinions
- Woods v. MorrellNew York Court of Chancery · 1814
- Kurtz v. McGuireThe Superior Court of New York City · 1856
- Lee Bank v. KuchingThe Superior Court of New York City · 1860