137 N.Y.S. 559 | N.Y. App. Div. | 1912
The plaintiff, brings this action in partition. There aré no disputed facts. One Bernhardina Hartman was the owner of two certain parcels of improved land in the borough of Brooklyn. She died on the 8th day of March, 1891, leaving a last will and testament, by the terms of which she created a life estate in favor of her husband, Ludwig Christian Hartman, with the remainder over to the Missionary Society of the Methodist Episcopal Church. This latter provision was held by the siirrogate to foe contrary to the provisions of chapter 360 of the Laws of 1860, prohibiting the devise of more than one-half of an estate under certain circumstances to charitable, missionary and religious institutions, and the will was admitted to. probate as a valid devise of one-half of the estate. In other words, the will was found by the surrogate to comply with all of the formalities of law, and it was admitted to probate, its provisions being limited by the statute above referred to, arid if there was any excess of one-half of such estate devised to the missionary society, it of course vested in the heirs at law of the decedent.
The • defendant, -the missionary society, entered into an agreement with the-life tenant, by which it undertook to pay him the sum of one dollar per day during his lifetime for his
The judgment appealed from should be affirmed, with costs.
Hirschberg, Thomas, Carr and Rich, JJ., concurred.
Judgment affirmed, with costs.