Drake v. Pell
New York Court of Chancery
The bill was filed for the purpose of obtaining the advice and direction of the court as to a correct construction of the will of John Pell, deceased. The will and the facts, so far as it is requisite for the understanding the questions presented to the court, were as follows: John Pell died in the year one thousand eight hundred and nineteen. By his will, he gave his personal estate, after payment of his debts, to his wife Mary Pell absolutely.
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The bill was filed for the purpose of obtaining the advice and direction of the court as to a correct construction of the will of John Pell, deceased. The will and the facts, so far as it is requisite for the understanding the questions presented to the court, were as follows: John Pell died in the year one thousand eight hundred and nineteen. By his will, he gave his personal estate, after payment of his debts, to his wife Mary Pell absolutely. He devised to her a house for her life. This bequest and devise was in lieu of dower. He devised the residue of his real estate in fee to his…
1Opinion of the Court
The Vice-Chancellor :
I have carefully considered this case; and examined most of the authorities which have a bearing upon it.
Upon the first question submitted, whether the nine children of the testator (all of whom survived him) took vested interests in the residue of the real estate devised or in the produce of it, and if so, from what time 1 I am of opinion, that, according to the true construction and intent of the will, the rights and interests of the children did not vest and become absolute nntil the youngest child attained the age of twenty-one years. This is the time fixed for the…
2Cases cited1 opinion
- Adams v. BeekmanNew York Court of Chancery · 1829
3Cited by13 opinions
- Phillips v. . DaviesNew York Court of Appeals · 1883
- Tillman v. . DavisNew York Court of Appeals · 1884
- In re the Judicial Settlement of the Account of AllisonNew York Surrogate's Court · 1907
- In re the Construction of the Will of ThompsonAppellate Division of the Supreme Court of the State of New York · 1948
- Davies v. DaviesSupreme Court of Connecticut · 1887
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