# Bodine v. . Brown

> New York Court of Appeals · January 11, 1898 · 154 N.Y. 778

URL: https://www.frixlaw.com/law-library/cases/3578049

## Case

- **Full name:** Clothilde Bodine Et Al., Respondents, v. Ronald K. Brown Et Al., as Trustees of George Chesterman, Deceased, Et Al., Appellants; Louis A. S. Bodine Et Al., Respondents
- **Court:** New York Court of Appeals
- **Decided:** January 11, 1898
- **Citations:** 154 N.Y. 778; 49 N.E. 1096; 1898 N.Y. LEXIS 1089
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3578049

## Opinion text

Judgment affirmed on opinion below, with costs, and the-questions certified to this court answered as follows:
First.
The words “ heirs of such child,” in the 8th clause of the testator’s will, mean the person or persons who, in case-such child should die intestate, would, under the laws of New York, inherit the real estate of which he or she might die seized.
Second.
If any of the children of the testator die without leaving issue, the one-fourth of the real estate set apart for the use of that child is to be distributed among his or her surviving brothers and sisters and the issue of any deceased brother or sister
per capita
and not
per stirpes.
Third.
In case of the death of any of his children without issue, the testator did not die intestate in respect to the remainder in the share set apart for the benefit of éacli child during life, but it goes to his or her heirs at law to be equally divided between them.
All concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3578049. Public record. Not legal advice.