Bodine v. . Brown

Decided January 11, 1898

New York Court of Appeals · decided 1898-01-11

Appeal, by certification, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 30, 1896, which affirmed an interlocutory judgment entered upon a decision of the court at Special Term, confirming the report of a referee upon the trial of issues in an action for partition. The questions certified were as follows: First.

Good law ✅— No negative treatment on recordhow we know

Decided 1898-01-11

How this case has been cited

Cited by 46 later decisions — most recently July 1957 · most notably Fulton Trust Co. v. . Phillips (1916), Roosa v. . Harrington (1902)

1 federal appellate · 43 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1 Judgment affirmed on opinion below, with costs, and the-questions certified to this court answered as follows:

¶2 First. The words “ heirs of such child,” in the 8th clause of the testator’s will, mean the person or persons who, in case-such child should die intestate, would, under the laws of New York, inherit the real estate of which he or she might die seized.

¶3 Second. If any of the children of the testator die without leaving issue, the one-fourth of the real estate set apart for the use of that child is to be distributed among his or her surviving brothers and sisters and the issue of any deceased brother or sister per capita and not per stirpes.

¶4 Third. In case of the death of any of his children without issue, the testator did not die intestate in respect to the remainder in the share set apart for the benefit of éacli child during life, but it goes to his or her heirs at law to be equally divided between them.

¶5 All concur.