Langdon v. Astor
The Superior Court of New York City
Appeal, from a judgment at special terra. The complaint alleged {inter alia), that the testator, by his last will and testament, executed on the 11th day of January, 1845; and admitted to probate by the Surrogate of the city and county of Yew York, as executed on that day, bequeathed to the plaintiff the income during life of $100,000 of city debt, bearing five per cent, interest, with remainder to her surviving issue;, and also the income during life of $100,000, deposited…
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Appeal, from a judgment at special terra. The complaint alleged {inter alia), that the testator, by his last will and testament, executed on the 11th day of January, 1845; and admitted to probate by the Surrogate of the city and county of Yew York, as executed on that day, bequeathed to the plaintiff the income during life of $100,000 of city debt, bearing five per cent, interest, with remainder to her surviving issue;, and also the income during life of $100,000, deposited with the Yew York Life Insurance and Trust Co., with remainder to her six children, Sarah, Walter, Eliza, Louisa,…
1Opinion of the CourtDuer, J.
This is a case of the first impression; it is also a case of far more than ordinary importance ; it is so, not merely, nor principally, from the magnitude of the sum in controversy, but far more from the real difficulty and wide application of the questions which it involves : these questions have, by all of us, been diligently examined and considered, but I regret to say that we have been unable to arrive at the same conclusions. A final judgment, however, so far as this court is concerned, will now be pronounced.
The preliminary questions covered by the appeal, we think, were rightly decided…
2Cases cited2 opinions
- Adams v. WinneNew York Court of Chancery · 1838
- Kane v. Astor's ExecutorsThe Superior Court of New York City · 1852
3Cited by7 opinions
- Morris v. . WardNew York Court of Appeals · 1867
- Bates v. ViroletAppellate Division of the Supreme Court of the State of New York · 1898
- Bates v. ViroletAppellate Division of the Supreme Court of the State of New York · 1898
- Burnham v. ComfortNew York Supreme Court · 1885
- Burnham v. ComfortNew York Supreme Court · 1885
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