Jackson ex dem. Livingston v. Robins
New York Supreme Court
THIS was an action of ejectment for lands in the town of Walkill, in Orange county. The cause was tried before his honour the chief justice, at the Orange circuit, in September, 1815. The special verdict stated, that on the first of January, 1771, William Alexander, commonly called Lord Stirling, was seized of a certain tract of land of about 3,000 acres, in the county of Ulster, now in Orange county, of which tract the premises in question are part.
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THIS was an action of ejectment for lands in the town of Walkill, in Orange county. The cause was tried before his honour the chief justice, at the Orange circuit, in September, 1815. The special verdict stated, that on the first of January, 1771, William Alexander, commonly called Lord Stirling, was seized of a certain tract of land of about 3,000 acres, in the county of Ulster, now in Orange county, of which tract the premises in question are part. Lord Stirling died seised, in the spring of 1783, after having made his will, dated January 29th, 1780, which contained the following devise, “I…
1Opinion of the CourtPlatt, J.
The plaintiff claims title under the will of Lord Stirling, bearing date the 29th of January, 1780, and which took effect at the death of the testator, in the spring of 1783.
By that will, the testator devised to Lady Stirling all his estate, real and personal, with an absolute and unqualified right in her to “ sell, devise, or dispose of it,” at her pleasure : and the will further declares, that “ in case of her death, without giving, devising, or bequeathing, by will, or otherwise selling or bequeathing the said estate, or any part thereof,” then the testator gives to his daughter, Catharine…
2Cited by13 opinions
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- Swearingen v. RobertsonWisconsin Supreme Court · 1876
- Kelley v. HoganAppellate Division of the Supreme Court of the State of New York · 1902
- McClellan v. LarcharNew Jersey Court of Chancery · 1889
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