Arnold v. Gilbert
New York Supreme Court
In Equity. This was an appeal, by the defendants, from a decree of the late vice chancellor of the first circuit, declaring ■the invalidity of the last will and testament of the late William W. Gilbert deceased. The case before the vice chancellor, with his decision thereon, is reported in 3 Sandford’s Chancery Reports, 531; where the fg.cts are fully stated.
1Opinion of the Court
By the Court, McCoun, J.
The first question which we are to consider in this case is, whether by the will of the late William W. Gilbert his real estate as devised, is equitably converted into personalty to all intents; or in other words, whether the beneficiaries under it take the estate as real or as personal property ?
The testator gave to his wife (among other things) one-third of the rents, issues and profits of his real estate for life, to be paid to her so long as his real estate should remain unsold, (and when sold her thirds to be paid according to directions subsequently given…
2Cases cited2 opinions
- Craig v. LeslieSupreme Court of the United States · 1818
- Kane v. GottCourt for the Trial of Impeachments and Correction of Errors · 1840
3Cited by14 opinions
- Flanagan v. FlanaganNew York Supreme Court · 1880
- Compton v. McMahanMissouri Court of Appeals · 1885
- New York & Mount Vernon Transportation Co. v. TyrolerAppellate Division of the Supreme Court of the State of New York · 1898
- Fellows v. HeermansNew York Supreme Court · 1870
- Crowley v. HicksWisconsin Supreme Court · 1888
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