Slosson v. Lynch
New York Supreme Court
APPEAL from a judgment rendered at a special term settling the construction of a marriage settlement éxecuted previous to a contemplated marriage between Miss Charlotte E. Ogden and-— Lawrence, and declaring, the rights of the parties, under the same. The subject of the deed of settlement was wholly personal property.
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APPEAL from a judgment rendered at a special term settling the construction of a marriage settlement éxecuted previous to a contemplated marriage between Miss Charlotte E. Ogden and-— Lawrence, and declaring, the rights of the parties, under the same. The subject of the deed of settlement was wholly personal property. By the deed of settlement, Mrs. Lawrence was to have the income for life, with a certain power of appointment by will or otherwise, in the event of her death before her husband, and in the absence of any appointment, then the property was to go to her issue then living, and the…
1Opinion of the Court
By the Court,
Sutherland, J.
It is evident that the sole question is as to the meaning of the words, next of kin, in that clause of the settlement limiting the property to the next of kin, in default of appointment and of issue. *149Had we not "been referred to certain comparatively recent English cases, (Elmsley v. Young, 2 Myl. & K. 780; Witty v. Mangler, 4 Beavan, 358,) affirmed by the house of lords, (10 Clark & Finnelly, 215,) holding that the;words “next of kin,” used simpttciter, are to be taken to mean “nearest of kin,” I should probably have stated the question in the principal case to be,…
2Cases cited4 opinions
- De Kay v. Irving & De KayCourt for the Trial of Impeachments and Correction of Errors · 1846
- Barstow v. GoodwinNew York Surrogate's Court · 1853
- Porter v. MoffattSupreme Court of Iowa · 1841
- Doe ex dem. John G. v. LeeOhio Supreme Court · 1835
3Cited by17 opinions
- New York Life Insurance & Trust Co. v. WinthropNew York Court of Appeals · 1923
- In Re the Accounting of Bankers Trust Co.New York Court of Appeals · 1937
- In Re the Accounting of BarryNew York Court of Appeals · 1949
- Luce v. . DunhamNew York Court of Appeals · 1877
- Snyder v. SnyderNew York Supreme Court · 1880
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