Stevenson v. . Lesley
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment entered upon a decision of the court on trial at Special' Term. (Reported below, 9 Hun, 637). This action was brought to obtain a judicial construction of the will of George Lesley, deceased.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment entered upon a decision of the court on trial at Special' Term. (Reported below, 9 Hun, 637). This action was brought to obtain a judicial construction of the will of George Lesley, deceased. The will, after certain bequests, contained the following residuary clause: “ All the rest, residue of my estate, both real and personal, after paying bequests, I give, grant, devise, and bequeath to Alexander M. Lesley, and Merritt Trimble, both of New York, in trust for my…
1Opinion of the CourtAndrews, J.
The absolute power of alienation of the real estate, and the absolute ownership of the personal property, are not suspended by the devise of the residuary estate beyond the period allowed by law. (1 R. S., 723, § 15.) The estate vested in the trustees in separate shares for the benefit of the nine grand-children of the testator living at his death, and as to each share the trust terminates when the beneficiary arrives at the age of twenty-one years, at which time it is to be paid over and conveyed to the beneficiary as his or her absolute property.
That this is the legal construction of the…
2Cases cited8 opinions
- Moore v. LyonsNew York Supreme Court · 1840
- Savage v. . BurnhamNew York Court of Appeals · 1858
- Livingston v. . GreeneNew York Court of Appeals · 1873
- Everitt v. . EverittNew York Court of Appeals · 1864
- Embury v. . SheldonNew York Court of Appeals · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- Anderson v. WilsonSupreme Court of the United States · 1933
- O'Donoghue v. . BoiesNew York Court of Appeals · 1899
- Scott v. WestWisconsin Supreme Court · 1885
- In Re the Accounting of RussellNew York Court of Appeals · 1901
- In Re the Accounting of BrownNew York Court of Appeals · 1897
55 more not listed; retrieve them via the Exa API.