Schermerhorn v. Negus
Court for the Trial of Impeachments and Correction of Errors
Ejectment, tried at the Saratoga circuit in December, 1844. The plaintiff sought to recover one undivided thirty-fifth part of fifteen acres of land in the possession of the defendant, and which was part of a larger parcel, of which it was admitted Eyer Schermerhorn died seized in the year 1793. The plain- . tiff gave in evidence the last will and testament of Ryer Schermerhorn. executed in 1792. by which he devised to his six children named therein a tract of land in…
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Ejectment, tried at the Saratoga circuit in December, 1844. The plaintiff sought to recover one undivided thirty-fifth part of fifteen acres of land in the possession of the defendant, and which was part of a larger parcel, of which it was admitted Eyer Schermerhorn died seized in the year 1793. The plain- . tiff gave in evidence the last will and testament of Ryer Schermerhorn. executed in 1792. by which he devised to his six children named therein a tract of land in Saratoga county, of which the premises in question are a part, “to each, one equal sixth part thereof, during their natural…
1Opinion of the Court
By the Court, Beardsley, J.
1 think the objections which were taken on the trial, to a recovery in this case, cannot be sustained. The will of Ryer Schermerhorn was not annulled by the clause which it contained against alienation, although that clause, being repugnant to the nature of the estate devised, was void, at least as to those who were to take a fee under the will. (4 Kent’s Com. 131; Newkerk v. Newkerk, 2 Caines, 345; 2 Cruise’s Dig. 6; Mc Williams v. Nisby, 2 Serg. & Rawle, 513; Co. Litt. 222, 223.)
Under the will, the -children of the devisor were tenants in. common for life. When…
2Cases cited2 opinions
- Newkerk v. NewkerkNew York Supreme Court · 1805
- M'Williams v. NislySupreme Court of Pennsylvania · 1816
3Cited by20 opinions
- Mandlebaum v. McDonellMichigan Supreme Court · 1874
- Oxley v. . LaneNew York Court of Appeals · 1866
- Converse v. KelloggNew York Supreme Court · 1850
- Jauretche v. ProctorSupreme Court of Pennsylvania · 1865
- Hacker v. HackerAppellate Division of the Supreme Court of the State of New York · 1912
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