Pendergast v. Cutter

Bloodgood Cutter died leaving a will containing the following provision: “ I give to nay nephew, John Cutter, the use of my Little Neck farm, and after his decease I bequeath and devise same to his children or their heirs or assigns forever.”

In 1909, while the life tenant, John Cutter, was in possession of the farm, the Supreme Court authorized the sale of the farm and the fixing of the value of John Cutter’s life estate. This was computed at about $68,000 and paid to him, the balance being deposited with the city chamberlain. At this time John Cutter had a wife and four adult children…