Cole v. Gourlay
New York Supreme Court
Appeal from a judgment in favor of the defendants, entered upon the trial of this action by the court without a jury. This was an action of ejectment brought to recover the possession of certain land in the city of Ogdensburg.
1Opinion of the Court
Bockes, J.:
If full force and effect be given to the will of Joseph Cole, the plaintiff’s right of action is well established. Joseph Cole being seized of the premises, devised them to his wife Anna, for life, with remainder over to his two sons, the plaintiffs. Anna died October 30, 1873. The plaintiffs thereupon became entitled to the possession. But this is not the whole case. The 'testator died February 5, 1836, leaving him surviving, his widow, Anna, and four children, all minors, of whom the plaintiffs were two. In 1841 an application was made to the Court of Chancery, in behalf of the…
2Cases cited4 opinions
- Wood v. . ChapinNew York Court of Appeals · 1856
- Harris v. . HarrisNew York Court of Appeals · 1863
- Webster v. Van SteenberghNew York Supreme Court · 1864
- In re WhitlockNew York Supreme Court · 1860