Earnshaw v. Myers
New York Supreme Court
Appeal from special term, Westchester county; J. O. Dykman, Justice. Joseph W. Corlies died October 25, 1860, and by his will devised to his two daughters, Cornelia C. Corlies, now Earnshaw, and wife of John W. S. Earnshaw, trustee and co-plaintiff herein, and Emily C. Corlies, now Reese, a life interest in certain lands; and to his three sons an estate in fee in the same lands, appointing his widow executrix, and the three sons executors and trustees under the will, and…
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Appeal from special term, Westchester county; J. O. Dykman, Justice. Joseph W. Corlies died October 25, 1860, and by his will devised to his two daughters, Cornelia C. Corlies, now Earnshaw, and wife of John W. S. Earnshaw, trustee and co-plaintiff herein, and Emily C. Corlies, now Reese, a life interest in certain lands; and to his three sons an estate in fee in the same lands, appointing his widow executrix, and the three sons executors and trustees under the will, and giving them a power of sale as to all the lands devised. On February 15, 1868, two of the sons and the widow executed a…
1Opinion of the CourtBarnard, P. J.
There is no doubt but that the defendants own two-fifths of the lands in question. The same belonged to Joseph Corlies at the time of his death, in 1860. Certain lands of the deceased were devised by his will to his widow, but the remainder of his lands were devised to his five children. *902These lands were part of the remainder. The devise to the sons, of whom there were three, was absolute, and vested at the testator’s death. The two daughters, who are the plaintiffs, were given a life-estate, with power of apportionment. The executors of the will were the widow and the three sons, and all…
2Cases cited1 opinion
- Edwards v. . BishopNew York Court of Appeals · 1850
3Cited by1 opinion
- Trolan v. RogersNew York Supreme Court · 1894