Legal Opinion

Wilder v. Kress

New York Supreme Court

Decided March 15, 1922Published

Action for partition.

1Opinion of the CourtRodenbeck, J.

The conveyance made January 5, 1872, by Alanson Wilder, grandfather of the plaintiff, to Joel Wilder, the plaintiff’s father, of the 108-acre farm did not convey to him an absolute life estate with a remainder over to his heirs. The deed is in form an ordinary warranty deed and were it not for a certain clause contained in it would on its face convey an absolute fee. It did not in express terms convey to Joel Wilder a life estate in the property and a remainder over to his children. It contains certain language from which this deduction is sought to be drawn by the plaintiff. This language,…

2Cases cited3 opinions

  1. Farmers' Loan Trust Co. v. . MortimerNew York Court of Appeals · 1916
  2. Allen v. . De WittNew York Court of Appeals · 1850
  3. Freeborn v. WagnerNew York Court of Appeals · 1868

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