Sherman v. Sherman
New York Supreme Court
This was an action of ejectment to recover an undivided portion of certain premises situate in the town of Cambridge. The defendants pleaded the general issue. The cause was tried at the Washington circuit, in June, 1847, and the jury found a verdict for the plaintiff. The defendants, upon a bill of exceptions, now moved for a new trial. The facts are stated sufficiently in the opinion of the court.
1Opinion of the Court
By the Court,
Willard, J.
This case turns upon the construction of the last will and testament of Shubal Sherman. The will was made in 1824. The testator devised the premises in question to his son Humphrey M. Sherman, in fee, with a limitation over. The devise is in these words: “ First, I give and bequeath unto my son, Humphrey M. Sherman, all the real estate of which I may die seised, lying and being in the town of Cambridge, to have and to hold, to him and his heirs, forever. Provided, that if-said Humphrey M. shall die without child or children, then it is my said will that the real estate…
2Cases cited4 opinions
- De Peyster v. ClendiningNew York Court of Chancery · 1840
- Mowatt v. CarowNew York Court of Chancery · 1838
- Fosdick v. CornellNew York Supreme Court · 1806
- People ex rel. Phelps v. Delaware Common PleasNew York Supreme Court · 1836
3Cited by11 opinions
- Hennessy v. . PattersonNew York Court of Appeals · 1881
- Gannon v. AlbrightSupreme Court of Missouri · 1904
- Strain v. SweenyIllinois Supreme Court · 1896
- Obecny v. GoetzAppellate Division of the Supreme Court of the State of New York · 1907
- Mullreed v. ClarkMichigan Supreme Court · 1896
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