Buchanan v. . Little
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 2, 1896, which affirmed a judgment in favor of defendants entered upon a decision of the court dismissing the complaint on trial at Special Term. This action is brought in form to partition real estate situated in the city of New York, of which William H. Cooper died seized, and involves the construction and interpretation of his will.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 2, 1896, which affirmed a judgment in favor of defendants entered upon a decision of the court dismissing the complaint on trial at Special Term. This action is brought in form to partition real estate situated in the city of New York, of which William H. Cooper died seized, and involves the construction and interpretation of his will. The testator left a widow, two children and five grandchildren. The following are the material portions of the will: “ Second. I give, devise…
1Opinion of the CourtBartlett, J.
The single question considered and decided by the learned Appellate Division is, does this will create a trust measured by two lives in being at the time of the death of the testator, or is it dependent upon four lives, as insisted by the appellant? The validity of the trust was upheld, and we should affirm the judgment on the opinion below, were it not for the fact that a very important feature of this case was not fully considered.
The scheme of this will is exceedingly simple. The tes ■ tator, after directing the payment of his debts, gives his entire estate, real and personal, to his…
2Cited by41 opinions
- In re the Accounting of HellerNew York Court of Appeals · 1954
- People's Trust Co. v. . FlynnNew York Court of Appeals · 1907
- In re ErbNew York Surrogate's Court · 1929
- Davis v. MacMahonAppellate Division of the Supreme Court of the State of New York · 1914
- Central Trust Co. v. FalckAppellate Division of the Supreme Court of the State of New York · 1917
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