Scott v. . Guernsey
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the sixth district, affirming a judgment rendered upon the decision of the court at Special Term. The action is for the partition of lands situate in Horwieh, Chenango county, and for an accounting as to the rents by certain of the tenants in common.
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Appeal from judgment of the General Term of the Supreme Court in the sixth district, affirming a judgment rendered upon the decision of the court at Special Term. The action is for the partition of lands situate in Horwieh, Chenango county, and for an accounting as to the rents by certain of the tenants in common. The right of the plaintiffs to bring this action, and the proportions in which they are interested, if at all, depend upon the construction to be given to the last will and testament of William Spier, of Columbia county, H. Y. The will was executed by the testator in 1821. A codicil…
1Opinion of the Court
Leonard, C.
The title which the parties to this action claim to derive under the last will of William Spier demands the judicial construction of a single paragraph. It is as follows, viz.: “ I will that the above described premises be for the use of my daughter, Polly Guernsey, during her natural life, then to be equally divided amongst her now surviving children, or any of them that may be alive at her decease, or the heirs of any that may be dead at the time of executing this my last will.”
The whole instrument indicates unmistakably that it was prepared by a person who had but little…
2Cases cited2 opinions
- Putnam v. RitchieNew York Court of Chancery · 1837
- In re HellerNew York Court of Chancery · 1831
3Cited by113 opinions
- Brown v. . QuintardNew York Court of Appeals · 1903
- New York Life Insurance & Trust Co. v. VieleNew York Court of Appeals · 1899
- Ford v. . KnappNew York Court of Appeals · 1886
- Byrnes v. . StilwellNew York Court of Appeals · 1886
- Matter of Estate of BrownNew York Court of Appeals · 1883
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