Webb v. . Sweet
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 11, 1905, in favor of plaintiffs, upon the submission of a controversy under section 1279 of the Code of Civil Procedure. One Arnold Webb died leaving a will which has been duly admitted to probate. By his will he gave certain specific and general legacies and made certain beqnests, and he also provided as follows: “Fifth.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 11, 1905, in favor of plaintiffs, upon the submission of a controversy under section 1279 of the Code of Civil Procedure. One Arnold Webb died leaving a will which has been duly admitted to probate. By his will he gave certain specific and general legacies and made certain beqnests, and he also provided as follows: “Fifth. I hereby direct my executor hereinafter named to pay out, expend and invest one thousand five hundred dollars in the purchase of real estate to he…
1Opinion of the CourtChase, J.
The testator died prior to the enactment of the Eeal Property Law (Chapter 547 of 1896) and the will must be interpreted in recognition of and obedience to the provisions of part 2, chapter 1, title 2, article 1 of the Eevised Statutes. It is provided by section 3 of said article that:
“ All estates tail are abolished; and every estate which would be adjudged a fee tail, according to the law of this state, as it existed previous to the twelfth day of July, one thousand seven hundred and eighty-two, shall hereafter be adjudged a fee simple; and if no valid remainder be limited thereon, shall be…
2Cases cited11 opinions
- Riker v. . CornwellNew York Court of Appeals · 1889
- Moffett v. . ElmendorfNew York Court of Appeals · 1897
- Lamb v. . LambNew York Court of Appeals · 1892
- In Re the Probate of the Last Will & Testament of MinerNew York Court of Appeals · 1895
- Floyd v. . CarowNew York Court of Appeals · 1882
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3Cited by5 opinions
- Doctor v. . HughesNew York Court of Appeals · 1919
- In re the Application for Letters of Administration of the Goods, Chattels & Credits of BilletAppellate Division of the Supreme Court of the State of New York · 1919
- Utica Trust & Deposit Co. v. ThomsonNew York Supreme Court · 1914
- In re the Construction of the Will of WeeksNew York Surrogate's Court · 1950
- In re the Estate of CluettNew York Surrogate's Court · 1928