209 N.Y. 573
103 N.E 1128
Decided November 18, 1913
New York Court of Appeals · decided 1913-11-18
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 28, 1913, which affirmed an interlocutory judgment of Special Term in an action of partition. The following questions were certified: “I. Was the devise of the remainder in the tenth clause of the will of Charles Wilson, a devise to a class to take effect in possession upon the termination of the preceding life estates? “ II.
Good law ✅— No negative treatment on recordhow we know
Decided 1913-11-18
Cited by 3 later decisions — most recently August 1961
3 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 Order affirmed, with costs, on the opinion of Burr, J., below. Second question certified answered as follows: Under the tenth clause of the will only any issue of the testator living at the decease of the parent were entitled to receive the share held in trust for the parent during his or her life. Other questions not answered.
¶2 Concur: Cullen, Ch. J., G-ray, Collin, Cuddeback, Hogan and Miller, JJ. Absent: Werner, J.