9 N.Y.S. 347 | N.Y. Sup. Ct. | 1890
William Hedger died in September, 1873, leaving a will, which was admitted to probate. The first clause wills all his property to his wife, Jerusha Ann Hedger, during her life, and states at the close: “And it is my will and I desire such farm or homestead be and remain the home of my family after my decease during the life-time of my said wife, the same as it has been heretofore. Second. After the decease of my said wife, and at the time of the division of my property as hereinafter mentioned, I give and bequeath to my grandson Truman A. Hedger, of the state of Michigan, the sum of three hundred dollars. Third. At the time of the division of my
The cases cited by the learned counsel for the appellants are not in conflict with the conclusions reached by the surrogate. In Vincent v. Newhouse, 83 N. Y. 505, the will was, “I give and devise to my wife, Mercy, during her life-time, one hundred and sixty-nine acres of land, and I do order and direct, at the death of my said wife, the said one hundred and sixty-nine acres of land be sold by my executors, and the proceeds divided among the persons named.” The court held that the share of those who died before the owner of the life-estate lapsed, because the will vested no interest in those entitled to share until after sale of the property. There was no clause in that will vesting title in those among whom the money was to be divided. • Their interests would attach to the moneys in the hands of the executors produced by a sale. All the cases rest on the same principle. But here the whole corpus of the estate was absolutely vested by the will, the time of taking possession and enjoyment being postponed. There is nothing in the fourth clause limiting the time when the estate should vest in the devisees, but only when they should enter upon its enjoyment. Hopkins v. Hopkins, 1 Hun, 352; Black v. Williams, 4 N. Y. Supp. 243; Moore v. Littel, 41 N. Y. 66; Shipman v. Fanshaw, 15 Abb. N. C. 288; Vanderpoel v. Loew, 112 N. Y. 167-181, 19 N. E. Rep. 481; and numerous other cases,—illustrate the above distinction, and show the correctness of the surrogate’s conclusion. The decree must be affirmed, with costs. All concur.