Sawyer v. . Cubby
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made November 21, 1893, which reversed a judgment in favor of defendant entered upon the report of a referee and ordered a new trial.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made November 21, 1893, which reversed a judgment in favor of defendant entered upon the report of a referee and ordered a new trial. This action was brought to have the fifth paragraph of the will of Jennie Sawyer, deceased, declared void, and probate of said will, so far as it relates to said paragraph, canceled and revoked, and that William Cubby, the legatee named therein, be adjudged to have failed to perform the conditions of said bequest, and that the executors be enjoined from paying any…
1Opinion of the CourtFinch, J.
The General Term have reversed the judgment of the trial court which upheld the legacy in dispute, upon the ground that the bequest, as made in the will, worked a suspension of the absolute ownership of personal property for a longer period than two lives in being. The question is wholly one of construction. With the peculiar and unusual contracts which led to the bequest by the testatrix we have nothing whatever to do except so far as it may possibly throw light upon the testamentary intention. The two clauses in the will out of which the controversy springs are as follows: Fifth. In tfie…
2Cases cited4 opinions
- Booth v. Baptist Church of Christ of PoughkeepsieNew York Court of Appeals · 1891
- Haynes v. . ShermanNew York Court of Appeals · 1889
- Murphy v. . WhitneyNew York Court of Appeals · 1894
- Rose v. RoseNew York Court of Appeals · 1863
3Cited by27 opinions
- In re the Probate of the Last Will & Testament of LallyAppellate Division of the Supreme Court of the State of New York · 1910
- Pruyn v. SearsNew York Supreme Court · 1916
- Appell v. AppellAppellate Division of the Supreme Court of the State of New York · 1917
- Hignett v. ShermanSupreme Court of Colorado · 1924
- Assets Realization Co. v. HowardNew York Supreme Court · 1911
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