Towler v. . Towler
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 4, 1892, which affirmed a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The execution of the power reserved in the deed of John Towler could not possibly suspend the power of alienation of the land for two lives in being.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 4, 1892, which affirmed a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The execution of the power reserved in the deed of John Towler could not possibly suspend the power of alienation of the land for two lives in being. (Everitt v. Everitt, 29 N. Y. 71 ; Purdy v. Hoyt, 92 id. 451 ; Beardsley v. Hotchkiss, 96 id. 201 ; Schmerhorn v. Cotting, 131 id. 48.)…
1Opinion of the CourtO’Brien, J.
The plaintiffs are the children and sole heirs at law of John Towler, who died in the year 1889, and who, at the time of the conveyance in question, was seized of the real property described in the complaint. This action was brought to determine conflicting claims to this property under the provisions of § 1638 of the Code. On the 20th of June, 1881, the deceased was the owner in fee of the property and in possession and enjoyment. On that day he executed and delivered to the plaintiffs a conveyance of the land to have and to hold as tenants in common, subject to a life estate which he…
2Cases cited1 opinion
- Smith v. . FloydNew York Court of Appeals · 1893
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- Walston v. CommissionerUnited States Tax Court · 1947
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