62 N.Y.S. 308 | N.Y. App. Div. | 1900
It would be multiplying words to add anything to the general discussion of the main question involved in this case contained in the clear and able opinion of Mr. Justice BEEKMAN at special term. The only criticism which the appellant makes upon the learned judge’s conclusion, to which a sufficient answer is not found in the opinion itself, is that the estate given to Fenton was something more than the usual life estate; that the property was given to him absolutely for life, with power to use the corpus as well as the income. It is difficult to perceive the force of this suggestion upon the underlying question. If the absolute power of disposition was annexed to Fenton’s life estate, then the fee itself was alienable
The appellant’s argument calls for no further consideration. The appeal is without merit, and the judgment should be affirmed, with costs, for these reasons, and upon the opinion below. All concur.