Heermans v. . Robertson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, denying a motion for a new trial and directing judgment in favor of defendant upon an order nonsuiting plaintiff on trial. This was an action of ejectment, to recover possession of certain premises situate in Steuben county.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, denying a motion for a new trial and directing judgment in favor of defendant upon an order nonsuiting plaintiff on trial. This was an action of ejectment, to recover possession of certain premises situate in Steuben county. Plaintiff claimed title and a right to the possession under an instrument in writing, executed by Joseph Fellows, of which the following is a copy: “ Whereas, I, Joseph Fellows, of Corning, in the county of Steuben and State of Hew York, from infirmities and advanced age deem…
1Opinion of the CourtAllen, J.
Whether, during the life of Joseph Fellows, the original owner of the property in question, the plaintiff was possessed of an estate in the property conveyed by the deed of the 10th of October, 1868, entitling him to the possession, or whether that instrument conferred upon him a mere power in trust, is not material to be considered upon this occasion. If a trust was created by the instrument referred to and the estate vested in the plaintiff as trustee, it was a trust for leasing the lands and paying over the rents to Fellows, the creator of the trust, during his life, and terminated at his…
2Cases cited3 opinions
- Kinnier v. . RogersNew York Court of Appeals · 1870
- Schermerhorn v. BarhydtNew York Court of Chancery · 1841
- Rapalye v. RapalyeNew York Supreme Court · 1857
3Cited by17 opinions
- Henderson v. . HendersonNew York Court of Appeals · 1889
- Young v. . HeermansNew York Court of Appeals · 1876
- In re Tower's EstateSupreme Court of Minnesota · 1892
- Heermans v. . BurtNew York Court of Appeals · 1879
- Clapp v. ByrnesAppellate Division of the Supreme Court of the State of New York · 1896
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