Cochrane v. . Schell
New York Court of Appeals
Appeal by the defendant, Cornelia Elizabeth Schell, from a judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 3, 1892, which modified, and affirmed as modified, a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This is an ordinary action for the construction of a will.
Read the full summary
Appeal by the defendant, Cornelia Elizabeth Schell, from a judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 3, 1892, which modified, and affirmed as modified, a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This is an ordinary action for the construction of a will. The testator, Adam W. Spies, after making various devises and bequests, disposed of his residuary estate as follows: “ Ni/nth. All the rest, residue and remainder of my estate, both real and personal, I give, devise…
1Opinion of the Court
Andrews, Ch. J.
The time fixed by the will for the final vesting of the estate is the death of the testator’s daughter Sarah Ann Kip. Whatever view, therefore, may be taken as to the nature of the remainders, whether they are regarded as vested or contingent, there can under the will be no suspense of the power of alienation of the estate beyond the period of a single fife in being at the death of the testator. The remainders must vest in possession on the death of the daughter, and whether vested or contingent they do not, as limited, transgress the rule of perpetuity, and unless they fail…
2Cases cited13 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
- Williams v. . WilliamsNew York Court of Appeals · 1853
- Hawley & King v. JamesNew York Court of Chancery · 1835
- Phelps' v. . PondNew York Court of Appeals · 1861
8 more not listed; retrieve them via the Exa API.
3Cited by116 opinions
- Herzog v. . Title Guarantee Trust Co.New York Court of Appeals · 1903
- St. John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
- Robb v. . Washington Jefferson CollegeNew York Court of Appeals · 1906
- Matter of GallienNew York Court of Appeals · 1928
- Stringer v. . YoungNew York Court of Appeals · 1908
111 more not listed; retrieve them via the Exa API.