Hill v. Hill
New York Supreme Court
This was an action of ejectment brought by Patience Hill against Whiteside Hill, to recover land lying in the county of Washington. The cause was tried before Willard, circuit judge, at the Washington circuit, in October, 1845. The following facts appeared on the trial. Alexander Hill died seised of the premises in question, in 1809, leaving a last will and testament, which contained the following devise : “ Item.
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This was an action of ejectment brought by Patience Hill against Whiteside Hill, to recover land lying in the county of Washington. The cause was tried before Willard, circuit judge, at the Washington circuit, in October, 1845. The following facts appeared on the trial. Alexander Hill died seised of the premises in question, in 1809, leaving a last will and testament, which contained the following devise : “ Item. And whereas I have heretofore by my several deeds of conveyance, given and granted to my sons, William Hill, James Hill, Peter Hill, and Whiteside Hill, such parts and proportion of…
1Opinion of the Court
By the Court, Parker, J.
The first question to be determined in this cause, is whether Alexander Hill, the son of James Hill and grandson of the testator, took any estate under the will. This depends upon the legal construction applicable to the language of the devise when the will took effect, which was in 1809. The testator devised the real estate to his son Thomas Hill, “ and to his heirs and assigns forever,” and added, “ provided always and my will is, that the said Thomas shall *424not sell or convey the estate hereby devised to him, within fifteen years after my decease, unless such sale…
2Cases cited4 opinions
- Jackson ex dem. Brewster v. BullNew York Supreme Court · 1813
- Stow v. WyseSupreme Court of Connecticut · 1828
- Jackson ex. dem. Livingston v. DelancyCourt for the Trial of Impeachments and Correction of Errors · 1816
- Jackson, ex rel. Shaw v. SpeakNew York Supreme Court · 1831
3Cited by15 opinions
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- McRee's Adm'rs v. MeansSupreme Court of Alabama · 1859
- Brush v. WhiteSupreme Court of Missouri · 1884
- Mutual Life Insurance v. CoreyNew York Court of Appeals · 1892
- Wilklow v. LaneNew York Supreme Court · 1862
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