Donovan v. . Van De Mark
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of defendant, entered upon a decision of the court on trial, without a jury. (Deported below, 18 IIuu, 200.) This was an action of ejectment, brought by plaintiff as trustee under the will of Andries Schoonmaker, to recover possession of certain premises, of which said testator died seized.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of defendant, entered upon a decision of the court on trial, without a jury. (Deported below, 18 IIuu, 200.) This was an action of ejectment, brought by plaintiff as trustee under the will of Andries Schoonmaker, to recover possession of certain premises, of which said testator died seized. George Chambers, the trustee named in the will, declined to act and plaintiff was appointed trustee in his stead. The provisions of the will upon which the litigation depended are…
1Opinion of the Court
"Danfoeti-i, J.
The words of the will plainly indicate the intention of the testator: “I give,” he says, “devise and 0 bequeath to George Chambers all my estate, in trust nevertheless, for the necessary support and maintenance of my son Abraham during his natural life, and after his death I give and bequeath the said estate to Abraham’s children.” “ I appoint” Chambers executor of this will, “ and empower him to sell ” certain premises ; those in question.
First. The title is conferred on Chambers, but it is apparent that the testator did not intend that he should take it absolutely, and for…
2Cases cited2 opinions
- Leggett v. . PerkinsNew York Court of Appeals · 1849
- Verdin v. . SlocumNew York Court of Appeals · 1877
3Cited by11 opinions
- Russell v. HiltonNew York Supreme Court · 1902
- Steinert v. SteinertAppellate Division of the Supreme Court of the State of New York · 1914
- Putnam v. Lincoln Safe Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Henderson v. HillTennessee Supreme Court · 1882
- Putnam v. Lincoln Safe Deposit Co.New York Supreme Court · 1901
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