Manice v. . Manice
New York Court of Appeals
Appeals from the judgment of the Q-eneral Term of the Supreme Court in the first district, reversing, in part, the judgment of the Special Term. All the four actions were brought to obtain a construction of the will of the testator.
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Appeals from the judgment of the Q-eneral Term of the Supreme Court in the first district, reversing, in part, the judgment of the Special Term. All the four actions were brought to obtain a construction of the will of the testator. The Special Term sustained the validity of the will, except as to the direction to accumulate one-half of the income of the property vested in trustees, and also as to the limitations of the estate in the hands of trustees after the death of each of the daughters and the minority of their issues. These provisions were declared void. The General Term reversed this…
1Opinion of the CourtRapallo, J.
The most prominent question discussed upon the argument of these causes, and that which should first be determined, is, whether the legal estates given by the sixteenth clause of the will to the two sons of the testator, and the trust estates created for the benefit of his three daughters and their issue, take effect in actual enjoyment immediately on the death of the widow, or whether a trust term is created, to continue from the death of the widow until the completion of the division of the testator’s residuary estate, during which term the title to the property is vested in the trustees.
It…
2Cases cited27 opinions
- Craig v. LeslieSupreme Court of the United States · 1818
- Savage v. . BurnhamNew York Court of Appeals · 1858
- Schettler v. . SmithNew York Court of Appeals · 1869
- Post v. . HoverNew York Court of Appeals · 1865
- Post v. PearsallCourt for the Trial of Impeachments and Correction of Errors · 1839
22 more not listed; retrieve them via the Exa API.
3Cited by242 opinions
- Tilden v. . GreenNew York Court of Appeals · 1891
- Smith v. . EdwardsNew York Court of Appeals · 1882
- In Re Proving the Will of MountNew York Court of Appeals · 1906
- Cochrane v. . SchellNew York Court of Appeals · 1894
- Robert v. . CorningNew York Court of Appeals · 1882
237 more not listed; retrieve them via the Exa API.