New York Court of Appeals

In the Matter of the Appraisal Under the Transfer Tax Acts of the Property of David F. Kimberly, Deceased

October 6, 1896150 N.Y. 90

Summary

The Court affirmed that the devise to the three sisters was a tenancy in common under §44 of the Revised Statutes, not a joint tenancy or a gift to a class, and therefore the share of the sister who predeceased the testator lapsed, resulting in partial intestacy.