Crosby v. Wendell
New York Court of Chancery
The bill in this case was filed for the partition of certain real estate in the city of Albany; and the only question in dispute between the parties was whether, upon the construction of the Will of Philip Wendell, their father, his son Philip, the defendant, was entitled to the lot on the south side of State-street, in which the testator resided at the time of making his will, as the sole devisee thereof in fee.
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The bill in this case was filed for the partition of certain real estate in the city of Albany; and the only question in dispute between the parties was whether, upon the construction of the Will of Philip Wendell, their father, his son Philip, the defendant, was entitled to the lot on the south side of State-street, in which the testator resided at the time of making his will, as the sole devisee thereof in fee. By the will the testator devised a part of his real estate to his widow, for life, in lieu of dower. He also declared it to be his will that his wife should continue to reside with…
1Opinion of the Court
The Chancellor.
The words used by the testator in this case in limiting the remainder in fee to his son Philip in the State-street house and lot, after the arrival of the youngest child at the age of fourteen, seem to import a contingency; and that it was not the intention of the testator to give Philip the remainder in fee if his mother should not then have re-married. Such would probably be the legal construction if this clause of the will stood alone and was to be Construed without reference to the particular es-tates which are created in this house and lot by other parts of the will. But…
2Cited by5 opinions
- Armstrong v. GalushaAppellate Division of the Supreme Court of the State of New York · 1899
- McLean v. . FreemanNew York Court of Appeals · 1877
- In re the Estate of PierceNew York Surrogate's Court · 1934
- In Re the Appraisal, Under the Transfer Tax Act, of the Estate of LansingNew York Court of Appeals · 1905
- Stephenson v. United StatesDistrict Court, W.D. New York · 1965