Connelly v. . O'Brien
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 16, 1899, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. . Under this will the remainder vested upon the death of the testator.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 16, 1899, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. . Under this will the remainder vested upon the death of the testator. (Areson v. Areson, 3 Den. 458; Tomlinson v. Dighton, 1 P. Wms. 149; Sage v. Wheeler, 3 App. Div. 38; Moore v. Lyons, 25 Wend. 119.) The antecedent of the last “ then ” and the word from which it tabes…
1Opinion of the CourtO’Brien, J.
In this action to partition real property the plaintiff claims title by descent from his mother, who, it is claimed, took a vested remainder under the will of her father, James Higgins, who died in the year 1855, leaving him surviving his widow and six children. The plaintiff’s title and right to maintain the action turns upon the question whether the remainders in this will are vested or contingent. If the use of simple and concise language in a will would preclude any controversy with respect to its meaning, this will would be exempt from all attack, since it is a model of comprehensive…
2Cases cited9 opinions
- Moore v. LyonsNew York Supreme Court · 1840
- Hersee v. . SimpsonNew York Court of Appeals · 1897
- Delafield v. . ShipmanNew York Court of Appeals · 1886
- In Re the Accounting of BrownNew York Court of Appeals · 1897
- Stokes v. . WestonNew York Court of Appeals · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by141 opinions
- In Re the Accounting of the United States Trust Co.New York Court of Appeals · 1933
- In re the Accounting of KroossNew York Court of Appeals · 1951
- Shufeldt v. ShufeldtWashington Supreme Court · 1924
- In Re the Will of ChalmersNew York Court of Appeals · 1934
- Fell v. McCreadyAppellate Division of the Supreme Court of the State of New York · 1932
136 more not listed; retrieve them via the Exa API.