Appellate Division of the Supreme Court of the State of New York July 1, 1896 (Wood v. Powell)

Hatch, J.:

Charles Powell, by his will, devised an undivided one-third of certain premises to his son, Robert T. Powell, for his life, with remainder over to his issue. Robert S. Powell is the only child of Robert T., and takes as remainderman under the devise. The plaintiff is a daughter of the testator, and also took a life estate in one-third of the premises under the .will.