Fox v. Phelps
New York Supreme Court
Erbob from the supreme court. This was an action of ejectment, brought by Fox against Phelps, in the superior court of law of the city of New-York, for the recovery of the undivided fourth part of a house and lot. - The plaintiff proved that his grandmother, Catharine Thorne, .died seized of the premises ;■ that she left five children her heirs at law ; that one of them, named Thomas, died in 1807 or 1808, without issue, and that another, Abigail, the mother of the…
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Erbob from the supreme court. This was an action of ejectment, brought by Fox against Phelps, in the superior court of law of the city of New-York, for the recovery of the undivided fourth part of a house and lot. - The plaintiff proved that his grandmother, Catharine Thorne, .died seized of the premises ;■ that she left five children her heirs at law ; that one of them, named Thomas, died in 1807 or 1808, without issue, and that another, Abigail, the mother of the plaintiff, was born in 1784 ; in 1802 she married one Warren Fox, who died in 1805 ; that in 1807 she married Peter Conti, and in…
1Opinion of the Court
After advisement, the following opinions were delivered:
By the Chancellor.
The will in this case is very inartificially drawn, and it is somewhat difficult to determine whether the testatrix intended that her sons Henry and Isaac Thorne, should lease the premises and pay over the rents and- profits thereof to the executors, to be by them applied to the support and education of the two minor children; or whether she intended that the executors should themselves let the premises, and receive the rents and profits from the tenants for the same purpose. In the first case, the legal estate would…
2Cases cited2 opinions
- Lambert's Lessee v. PayneSupreme Court of the United States · 1805
- Van Wyck v. SewardNew York Supreme Court · 1837
3Cited by12 opinions
- United States v. BabbitSupreme Court of the United States · 1862
- State v. HardenWest Virginia Supreme Court · 1907
- Thurber v. MillerCourt of Appeals for the Eighth Circuit · 1895
- Magee v. O'NeillSupreme Court of South Carolina · 1883
- Baugan v. MannIllinois Supreme Court · 1871
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