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1 Abb. Ct. App. 309

Carmichael v. Carmichael

New York Court of Appeals

Decided December 15, 1868

New York Court of Appeals · decided 1868-12-15

Phoebe Ann, executrix of Otis, the son of Daniel Carmichael, brought .this action in the supreme court, against Eliza, executrix of said Daniel Carmichael, the father, to compel an account and payment of a share of the estate claimed under the will of Daniel. Daniel Carmichael died September 3, 1849, leaving the defendant, his widow, and six children, him surviving. The eldest of them (Otis) was the child of a first marriage.

Cited by 1 later decisions — most recently May 1899

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1868-12-15

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Clerke, J.

¶1[After stating the above facts.] — The demurrer was properly sustained. The widow of Daniel Carmichael is living, and, by the express provision of his will, she is entitled to all the use and enjoyment of his property during the term of her natural life; and she is under no obligation to account to any of the children, for the purpose of having it divided among them. The estate does not vest in remainder until her death; and then it vests only in those children who shall be living at the time of her death. The-plaintiff, under the will of Otis Carmichael, acquired no estate or interest in the property of Daniel Carmichael, and has, in fact, no standing in court.

¶2The judgment should be affirmed, with costs.

¶3All the judges concurred in affirmance.

¶4Judgment affirmed, with costs.

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