Carmichael v. Carmichael

1 Abb. Ct. App. 309

Opinion

Clerke, J.

[After stating the above facts.] — The demurrer was properly sustained. The widow of Daniel Carmichael is living, and, by the express provision of his will, she is entitled to all the use and enjoyment of his property during the term of her natural life; and she is under no obligation to account to any of the children, for the purpose of having it divided among them. The estate does not vest in remainder until her death; and then it vests only in those children who shall be living at the time of her death. The-plaintiff, under the will of Otis Carmichael, acquired no estate or interest in the property of Daniel Carmichael, and has, in fact, no standing in court.

The judgment should be affirmed, with costs.

All the judges concurred in affirmance.

Judgment affirmed, with costs.