Cushing v. Blake
Supreme Court of New Jersey
Oil appeal from a decree of the chancellor, whose opinion may be found in Gushing v. Blake, 2 Stew. 399.
1Opinion of the CourtDepue, J.
The doctrine of courts of equity is that equitable estates are considered, to all intents and purposes, as legal estates. In construing the limitations of a trust, courts of equity adopt the rules of law applicable to legal estates. The cestui que trust takes the same interest in duration as in a legal estate. Trust estates are subject to the same incidents, properties and consequences as, under like circumstances, belong to similar estates at law. They are alienable, devisable and descendible in the same manner. Though an equitable estate is incapable of livery of seizin, yet conveyances…
2Cases cited3 opinions
- Croxall v. ShererdSupreme Court of the United States · 1867
- Bowen v. ChaseSupreme Court of the United States · 1877
- Neves v. ScottSupreme Court of the United States · 1850
3Cited by8 opinions
- Bookman v. R.J. Reynolds Tobacco Co.New Jersey Court of Chancery · 1946
- Siesel v. MandevilleNew Jersey Court of Chancery · 1947
- Zelley v. ZelleyNew Jersey Court of Chancery · 1927
- Oscsenda v. OscsendaNew Jersey Superior Court Appellate Division · 1949
- Skovborg v. SmithNew Jersey Superior Court Appellate Division · 1950
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