Legal Opinion

Grout v. Townsend

New York Supreme Court

Decided December 15, 1845PublishedCited by 21 opinions

On error from the supreme court. The plaintiffs in error brought ejectment in the supreme court against Townsend, and upon the trial the jury found a special verdict, upon which that court gave judgment for the defendant; and the plaintiffs thereupon brought error to this court. For the facts found by the verdict and the opinion of the court below see, 2 Hill, 554.

1Opinion of the Court

Porter, Senator.

The terms of the devise in favor of the testator’s daughter Rachel, the wife of J. Knickerbaclcer, are such as are appropriate to create an estate tail as to a moiety of the residue of the testator’s real estate, if it were now possible so to •limit an estate in lands. But as such an estate cannot now exist, it is insisted on behalf of the plaintiffs that the will ought to be so construed as to give the testator’s daughter only an estate for life, with remainder to her children. If this were so, the children would take as purchasers and not as the heirs of their mother, and…

2Cases cited3 opinions

  1. M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
  2. Belden v. SeymourSupreme Court of Connecticut · 1831
  3. Lion ex dem. Eden v. BurtissNew York Supreme Court · 1823

3Cited by21 opinions

  1. Williamson v. BerrySupreme Court of the United States · 1850
  2. Cochran v. TaylorNew York Court of Appeals · 1937
  3. Bever v. NorthIndiana Supreme Court · 1886
  4. Maxwell v. HartmannWisconsin Supreme Court · 1881
  5. Mathews Slate Co. v. New Empire Slate Co.U.S. Circuit Court for the District of Northern New York · 1903

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