Legal Opinion

Coe v. De Witt

New York Supreme Court

Decided October 15, 1880Published

Appeal by Milly L. Coe, from part of an order distributing certain moneys paid for tbe condemnation of certain lands, known as a portion of the Mansion House, in Buffalo, for rtilroad, purposes. The only question arising here is, as to the proper construction of the will of Bela D. Coe, deceased.

1Opinion of the Court

IIardin, J.:

The fifth clause of the will of Bela D. Coe, upon which the question presented here arises, is as follows : “ Fifthly, I give, devise and bequeath the one-third part of all such residue, remainder, .and reversion of my said estate, to my nephew Edward B. Coe, and the hews of his body forever, cmd in case of his death without issue then living, 1 hereby devise and bequeath his said portion, to be divided in equal parts, to the trustees of the said Theological Seminary, and to the trustees of said Orphan Asylum, iu fee forever, for the like uses and purposes.”

Edward B. Coe executed…

2Cases cited3 opinions

  1. Brown v. . LyonNew York Court of Appeals · 1852
  2. Wilson v. WilsonNew York Supreme Court · 1860
  3. Barnes v. HathawayNew York Supreme Court · 1873

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