Reports of Cases Argued And Determined in the Court of Appeals of ..., volume 23

Cover Reports of Cases Argued And Determined in the Court of Appeals of ..., volume 23
Reports of Cases Argued And Determined in the Court of Appeals of ..., volume 23
New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Samuel Hand
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The Dutch Church (20 Wend., 457), where the devise was assumed to be void, because made to a corporation. If void by reason of the alienage of the specific devisee, the statute, in plain terms, seems to repel any such distinction. One-half of the real estate now in question therefore descended to the heirs, and the result is, that on the death of the testator, James E. Marshall became entitled to three-fourths of the whole (one-half by devise, and one-fourth by descent), and John W. Downing to ...the remain- ing one-fourth.
The most important questions in this case arise upon the residuary dispositions of the wiH In the fourth clause, the testator devised and bequeathed to his executor " all the rest and residue of his real and personal estate whatsoever and wheresoever situated," upon the trusts declared in the fifth and sixth articles. By the fifth article, he directed the executors to continue in operation the manufacturing establishments called the " Ida Mills," in Troy, in such manner as they should deem best, during the natural lives of Joseph Marshall Coville, of New York city, and Joseph Marshall, of North Adams, Massachtisetts, and of the survivor of them, or so long within \y Digitized by Google DowBiigv.


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