Wadsworth v. Murray
Appellate Division of the Supreme Court of the State of New York
Appeal from Livingston county court. Action by James W. Wadsworth, individually and as trustee Under-the last will and testament of James Wadsworth, deceased, against Charles James Murray and others, to construe the will of James Wadsworth. Will construed, and plaintiff and certain defendantsappeal.
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Appeal from Livingston county court. Action by James W. Wadsworth, individually and as trustee Under-the last will and testament of James Wadsworth, deceased, against Charles James Murray and others, to construe the will of James Wadsworth. Will construed, and plaintiff and certain defendantsappeal. This action was instituted to obtain a construction of the will of James Wadsworth, who died in 1844, and for the final settlement of the accounts of certain trastees appointed by the said will. James Wadsworth was a resident of Livingston county, and the owner of lands in the counties of…
1Opinion of the CourtWard, J.
The will of James Wadsworth devised to his two sons, James S. and William W., all the land and real estate of which he should die seised in the towns of Geneseo and Avon, in the county of Livingston, except what should thereafter be specifically devised, one-half to be held by each devisee during his natural life, and, if he should die leaving lawful issue, such issue to take an estate in fee, but, in case of dying without issue, the surviving brother was to take the fee therein; with power of sale during their lives, as the joint act of the two sons. He then devised to each of his sons…
2Cases cited24 opinions
- Moore v. LyonsNew York Supreme Court · 1840
- Baer v. HendricksNew York Court of Appeals · 1895
- Warner v. . DurantNew York Court of Appeals · 1879
- In Re the Appraisal for Taxation of a Portion of the Estate of SeamanNew York Court of Appeals · 1895
- Woodward v. . JamesNew York Court of Appeals · 1889
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