Weed v. . Weed
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made February 10, 1882, which affirmed in part and reversed in part a judgment entered upon the report of a referee.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made February 10, 1882, which affirmed in part and reversed in part a judgment entered upon the report of a referee. The complaint in this action alleged in substance, that by the will of Minerva Sherwood, who died seized of certain premises situate in Broome county, which are described in the complaint, she gave and devised the said premises to the plaintiff, Jane A. Weed, with the condition, however, that should said plaintiff die leaving no child or children, grandchild or…
1Opinion of the CourtAndrews, J.
Under the will of Minerva Sherwood, the plaintiff, Jane A. Weed, took a fee in the house and lot devised to her, determinable upon her death without issue, in which event the premises were given over to other persons designated in the will. The question whether the devised premises were subject to sale on execution against the primary devisee, depends upon the construction and legal effect of the clause in the will annexed to the "devise which directs that “ the house and lot shall not be in any manner conveyed during the life of Jane A. Weed.” The complaint bases upon this clause a prayer…
2Cases cited1 opinion
- Wambaugh v. GatesNew York Court of Chancery · 1845
3Cited by28 opinions
- Golde Clothes Shop, Inc. v. Loew's Buffalo Theatres, Inc.New York Court of Appeals · 1923
- Bonney v. StoughtonIllinois Supreme Court · 1887
- Newburgh Savings Bank v. Town of WoodburyNew York Court of Appeals · 1903
- Holbrook v. TomlinsonIllinois Supreme Court · 1922
- In re the Estate of AdamsNew York Surrogate's Court · 1943
23 more not listed; retrieve them via the Exa API.