Legal Opinion

Kingsland v. Rapelye

New York Court of Chancery

Decided October 28, 1833PublishedCited by 82 opinions

Andrew Ten Eyck died on the fifteenth day of October, eighteen hundred and twenty-eight, seised of a considerable real estate in the city of New York.

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Andrew Ten Eyck died on the fifteenth day of October, eighteen hundred and twenty-eight, seised of a considerable real estate in the city of New York. By his will, dated the ninth day of June, eighteen hundred and twenty-six, he gave, in the first place, some pecuniary legacies and made a provision for his wife for life, in lieu of dower ; and then devised as follows: “I do give and bequeath unto my daughter,Deborah Ten Eyck, during the term of her natural life, the rents, issues and profits of one equal fourth part of all the residue and remainder of my estate, both real and personal, to be…

1Opinion of the Court

The Vice-Chancellor :

The first question is, upon the devises to Deborah and Frances (being precisely alike in form) whether they take life-estates only or, under the limitations over, estates in fee or estates in tail which the statute converts into fee ?

This question and, indeed, all questions arising upon this will, are to be determined by the rules of law as they existed", anterior to the late revision of the statutes.

The complainants claim, by their bill, only a life-estate in Frances, in the one fourth devised to her; and admit that their children are entitled to the fee in remainder.…

2Cited by82 opinions

  1. Scheuer v. RhodesSupreme Court of the United States · 1974
  2. Faretta v. CaliforniaSupreme Court of the United States · 1975
  3. Branzburg v. HayesSupreme Court of the United States · 1972
  4. Betts v. BradySupreme Court of the United States · 1942
  5. Singer v. United StatesSupreme Court of the United States · 1965

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