New York Court of Appeals

Josiah S. Smith, Appellants v. Jacob Van Ostrand, Respondent

February 25, 187664 N.Y. 278

Summary

The Court reversed the lower court's dismissal, holding that the testator's bequest to his widow was a life estate with limited power to use the principal for her support, creating a valid remainder to the children, that title to the bonds passed to the children on the widow's death, and that the children were the proper parties to sue.