Eysaman v. Eysaman
New York Supreme Court
Appeal from a judgment in favor of tbe plaintiff, entered on tbe report of a referee. Tbe action was one of ejectment. On 24th March, 1874, William Eysaman, tbe busband of tbe plaintiff, was seized in fee of tbe lands, in suit, and on that day be executed and delivered to tbe defendant a conveyance of said lands, purporting to be made between “William Eysaman and Lydia bis wife, of tbe first part, and Joseph H. Eysaman of tbe second part ” (but not executed by tbe said…
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Appeal from a judgment in favor of tbe plaintiff, entered on tbe report of a referee. Tbe action was one of ejectment. On 24th March, 1874, William Eysaman, tbe busband of tbe plaintiff, was seized in fee of tbe lands, in suit, and on that day be executed and delivered to tbe defendant a conveyance of said lands, purporting to be made between “William Eysaman and Lydia bis wife, of tbe first part, and Joseph H. Eysaman of tbe second part ” (but not executed by tbe said Lydia), whereby be granted tbe,said land to the defendant, describing tbe same. Immediately after tbe description, tbe…
1Opinion of the Court
Smith, J.:
The plaintiff claims a life estate in the land in controversy by the operation of the clause in the deed executed by her husband to the defendant, reserving to him and herself “ the right of controlling said land and all the benefits of said land during their natural lives.” The right thus reserved is quite as comprehensive at least as the right to the “ rents and profits,” and carries with it the right to the exclusive use and possession of the land during the lives of the beneficiaries. The clause referred to was probably good as a reservation to the grantor William Eysaman, but…
2Cases cited5 opinions
- Wallis v. WallisMassachusetts Supreme Judicial Court · 1808
- Rogers v. Eagle Fire Co.Court for the Trial of Impeachments and Correction of Errors · 1832
- Jackson ex dem. Wood v. SwartNew York Supreme Court · 1822
- Sherman v. Estate of DodgeSupreme Court of Vermont · 1855
- Colby v. ColbySupreme Court of Vermont · 1855