New York, Ontario & Western Railway Co. v. Livingston

This is a motion to confirm the report of commissioners in condemnation and to direct compensation to be *147made in accordance therewith, with costs, and for an additional allowance.

The questions involved are somewhat different from those usually presented by applications of this character.

Edward Livingston was the owner of a 200-acre farm in Sullivan county. He died in 1864 leaving a last will and testament, which was duly probated, and by which he devised this property to his nephew Charles Octavius Livingston, “ during the term of his natural life,” and at his death to descend to his eldest…