In re Gardner
District Court, S.D. New York
In Bankruptcy. Application to stay sale of real estate. ■The bankrupt’s trustee being about to offer for sale an alleged interest of the bankrupt in certain real estate in Brooklyn claimed to have vested in the bankrupt under the will of his grandfather, John Hedden, application was made to the court to restrain the sale on the ground that the bankrupt has no vested or alienable interest therein.
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In Bankruptcy. Application to stay sale of real estate. ■The bankrupt’s trustee being about to offer for sale an alleged interest of the bankrupt in certain real estate in Brooklyn claimed to have vested in the bankrupt under the will of his grandfather, John Hedden, application was made to the court to restrain the sale on the ground that the bankrupt has no vested or alienable interest therein. Tlie grandfather's will was admitted to probate in April, 1805, tlie only material danse being as follows: •'Fourth: 1 give and devise all my real estate, not hereinbefore disposed of, unto my said…
1Opinion of the CourtBrown, District Judge
(after stating the facts). In my opinion there was no present gift by this will to the bankrupt, a grandchild, but only a contingent future gift, and that gift was not of real estate, nor of any remainder in real estate, but only of money arising from a. sale to be made after the death of the testator’s two children. That gift moreover is only to the grandchildren or their issue (not to their heirs) who shall survive the daughters. It was not a gifi to individuals named, but only to a class composed of persons who should them survive, or their issue. The real intent of the testator was that…
2Cases cited1 opinion
- In re HoadleyDistrict Court, S.D. New York · 1900
3Cited by9 opinions
- Earle v. MaxwellSupreme Court of South Carolina · 1910
- Fairfax v. Savings BankCourt of Appeals of Maryland · 1938
- In re TwaddellDistrict Court, D. Delaware · 1901
- Bank of Elberton v. SwiftCourt of Appeals for the Fifth Circuit · 1920
- Suskin & Berry, Inc. v. RumleyCourt of Appeals for the Fourth Circuit · 1930
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