New York Court of Appeals

Frank S. Benson, Respondents v. Austin Corbin, Appellants

March 19, 1895145 N.Y. 351

Summary

The Court affirmed the lower court, holding that the phrase 'death of both of my children, leaving no issue' in Arthur W. Benson's will refers to a death occurring during the testator's lifetime, so the children received an absolute fee in all the lands subject only to their mother's life estate and dower right.