Patchen v. . Patchen
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made June 25, 1888, which affirmed a judgment entered upon a decision of the court on trial at Special Term. This was an action for the construction of a devise in the will- of Henry Patchen, deceased. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made June 25, 1888, which affirmed a judgment entered upon a decision of the court on trial at Special Term. This was an action for the construction of a devise in the will- of Henry Patchen, deceased. The facts, so far as material, are stated in the opinion. The respondents have no right or interest in the property held by the trustee, as devisees under the will. (Barber v. Barber, 3 M. & C. 193.) A devise to a class takes effect only in favor of those who constitute the…
1Opinion of the CourtFinch, J.
The testator died in 1849, leaving a widow and five children. By his will he gave to his widow an undivided third part of his real estate for the term of her natural life, and upon her death devised that third in these words viz.: “ to my children equally who may then be living and to their heirs and assigns forever.” The widow died in 1881, and only two of the five children survived at that date. They now claim the whole of the one-third which was devised to the widow for life, but are resisted by the infant children of one of the sons who died in his mother’s lifetime. It is asserted in…
2Cases cited3 opinions
- In Re the Final Judicial Settlement of the Accounts of WellsNew York Court of Appeals · 1889
- Matter of Estate of BrownNew York Court of Appeals · 1883
- Wylie v. . LockwoodNew York Court of Appeals · 1881
3Cited by12 opinions
- Williams v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1912
- Wright v. WrightAppellate Division of the Supreme Court of the State of New York · 1910
- Schwencke v. HaffnerAppellate Division of the Supreme Court of the State of New York · 1897
- Wright v. WrightNew York Supreme Court · 1909
- Clark v. GroshNew York Supreme Court · 1913
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