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.