Charter v. Otis
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action was ejectment, brought to recover the possession of an undivided third of forty-seven acres of land, part of a farm situate in the town of Brighton, in the county of Monroe, of which one Joel Northrop died seised, in the year 1805. Northrop left a will, the material portions of which are as follows: “As touching such worldly estate wherewith it hath pleased God to bless me in this life, I give, demise…
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APPEAL from a judgment entered upon the report of a referee. The action was ejectment, brought to recover the possession of an undivided third of forty-seven acres of land, part of a farm situate in the town of Brighton, in the county of Monroe, of which one Joel Northrop died seised, in the year 1805. Northrop left a will, the material portions of which are as follows: “As touching such worldly estate wherewith it hath pleased God to bless me in this life, I give, demise and dispose of the same in the following manner and form: first, I give and bequeath to Hannah, my dearly beloved wife,…
1Opinion of the Court
By the Court, James C. Smith, J.
The first question to be decided is whether under the will of Joseph Northrop, set out in the case, his son, Miles Northrop, took an estate in fee simple in the ninety-four acres of land devised to him, or only an estate for life. As the will took effect before the revised statutes, and the particular devise in question contains no words of perpetuity, it does not of itself convey a fee, and the question is therefore one of intention, to be collected from the whole will. I have referred to the numerous cases cited upon the argument, but I find none so similar…
2Cases cited9 opinions
- Mossman, Surviving in Error v. Higginson, Surviving Partner, in ErrorSupreme Court of the United States · 1800
- Kidd v. DennisonNew York Supreme Court · 1849
- Lambert's Lessee v. PayneSupreme Court of the United States · 1805
- Fosdick v. CornellNew York Supreme Court · 1806
- Morrison v. SempleSupreme Court of Pennsylvania · 1813
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Harris v. SlaghtNew York Supreme Court · 1866
- Vanderzee v. . VanderzeeNew York Court of Appeals · 1867
- Hitch v. PattenSupreme Court of Delaware · 1889
- Christie v. GageNew York Supreme Court · 1871
- Schuck v. ShookNew York Supreme Court · 1890
1 more not listed; retrieve them via the Exa API.