Durfee v. . Pomeroy
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 22, 1896, affirming a judgment of Special Term construing the will of the late Dr. Charles Gr. Pomeroy, of Newark, N. T. The material portions of the will are as follows: “ First.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 22, 1896, affirming a judgment of Special Term construing the will of the late Dr. Charles Gr. Pomeroy, of Newark, N. T. The material portions of the will are as follows: “ First. I will and devise the house and lot on which I reside, being my homestead, in the village of Newark aforesaid, including any new house or buildings that I may, after the date of this my will, put upon said premises, to my son, Rhea B. Pomeroy, for and during his natural life; and after his death, if…
1Opinion of the CourtBartlett, J.
This is an action to construe a will and the courts below have held that the widow of testator’s son was provided for in a trust, void as to her, for the reason that it created an illegal suspension of the power of alienation. In other words, the will is held to have created but a single trust, and that it is only invalid as to the widow of the son, but stands for all other purposes. We are unable to adopt this construction, and before deciding the effect that must be given to the instrument, it is proper to consider the situation of the testator at the time he decided upon the testamentary…
2Cases cited4 opinions
- Schettler v. . SmithNew York Court of Appeals · 1869
- Gilman v. . ReddingtonNew York Court of Appeals · 1861
- Locke v. Farmers' Loan & Trust Co.New York Court of Appeals · 1893
- Smith v. PostNew York Court of Chancery · 1835
3Cited by9 opinions
- Matter of ByrnesNew York Court of Appeals · 1933
- In Re the Probate of the Will of TrumbleNew York Court of Appeals · 1910
- In re the Judicial Settlement of the Account of MathewsonAppellate Division of the Supreme Court of the State of New York · 1924
- Lowery v. HelveringCourt of Appeals for the Second Circuit · 1934
- In re the Estate of BallNew York Surrogate's Court · 1939
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