Legal Opinion
Soper v. Halsey
New York Supreme Court
Decided April 12, 1895PublishedCited by 5 opinions
Appeal from special term, Seneca county. Action by Ellen Soper against Elmer Halsey, impleaded, etc. There was a judgment in favor of plaintiff, and defendant appeals. Modified.
1Opinion of the CourtDwight, P. J.
The .action was to obtain a judicial construction of the following clause in the will of Luther H. Halsey, deceased, viz.:
“And I further will and direct that my said son Elmer shall have a home on my farm where I now reside during his natural life, if he shall so elect, and shall remain unmarried, but he shall have no right to bring a wife on said farm in case of his marriage.”
The testator made-his will in 1881, and died in 1883, at the age of 75 years. The defendant Elmer, his only son, had always remained at home, and worked on the farm, and, although somewhat addicted to drink, was, in the…
2Cases cited1 opinion
- Lyon v. . LyonNew York Court of Appeals · 1875
3Cited by5 opinions
- Cuneo v. De CuneoCourt of Appeals of Texas · 1900
- In re the Estate of BurrNew York Surrogate's Court · 1913
- In re the Estate of ElyNew York Surrogate's Court · 1935
- In re Estate of James, Superior Court of California, County of San Francisco1897
- Lee v. StateCourt of Criminal Appeals of Texas · 1902