Bodine v. Brown

Appeal, by certification, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 30, 1896, which affirmed an interlocutory judgment entered upon a decision of the court at Special Term, confirming the report of a referee upon the trial of issues in an action for partition. The questions certified were as follows: First. Whether under the will and codicils of George Chesterman appearing in the record, the words “ heirs of such child,” in the 8th clause of said will, mean the heirs of the body or issue of such child, or whether they mean the persons who would inherit the real estate of which such child might die seized under the law of New York, in case such child died intestate. Second. Whether in case of the death of either of the children of George Chesterman, the testator, without leaving-issue, the fourth part of the real estate of said testator set. apart for the use of such child so dying, is to be distributed among the surviving brothers and sisters of such child so. dying without issue, and the issue of any deceased brother or sister, per stirpes ox per capita. Third. Whether in case of the death of either of the children of said testator without issue, the said testator, George Chesterman, died intestate in respect to the remainder in the share of the real estate of said testator set apart for the benefit of such child during his or her life.