Delavergne v. Dean
New York Supreme Court
Appeal from order and judgment in favor of demurrer of defendant and dismissing.plaintiff’s complaint. The complaint alleged that Dorns Delavergne died on the 13th day of January, 1857, seized and possessed of .certain real estate described in the complaint, and leaving him surviving his widow, Huldah Delavergne, and his two sons, Lewis and Isaac, and his daughter, Alice, wife of Seymour W. Dean, and granddaughter of Abbie, only child of Alice Dean.
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Appeal from order and judgment in favor of demurrer of defendant and dismissing.plaintiff’s complaint. The complaint alleged that Dorns Delavergne died on the 13th day of January, 1857, seized and possessed of .certain real estate described in the complaint, and leaving him surviving his widow, Huldah Delavergne, and his two sons, Lewis and Isaac, and his daughter, Alice, wife of Seymour W. Dean, and granddaughter of Abbie, only child of Alice Dean. On the 27th day of March, 1856, the testator made a last will and testament, the third and fourth clauses of which were as follows: Third. I give…
1Opinion of the Court
By the Court, Miller, P. J.
The third clause of the testator’s will devises to his daughter, Alice, the use of $1,000 during her life, and after her decease directs that the same be paid to her children. This was not a devise of the $1,000 to the children of Alice, but of the whole amount of the legacy, and an absolute disposition thereof upon the death of Alice to and for the benefit of her children. By the children referred to in this clauSte of the will, I think that the testator intended to provide for such child or children as might be living at the time of the decease of Alice.
This is a…
2Cases cited1 opinion
- Harris v. FlyNew York Court of Chancery · 1839
3Cited by1 opinion
- Hulse v. ReevsNew York Surrogate's Court · 1884