New York Court of Appeals
James W. Clarke, as Executor v. William H. Leupp, Impleaded
February 28, 188288 N.Y. 228
Summary
The Court held that the testator's will gave his widow an absolute fee‑simple estate, and that the subsequent clause did not create a trust for the children. Consequently the daughter lacked standing to sue, and the demurrer was sustained, reversing the lower court.