Heermans v. . Burt
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, in favor of defendant, entered upon an order denying motion for a new trial and directing judgment on a verdict. This was an action of ejectment to recover possession of certain premises in Steuben county.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, in favor of defendant, entered upon an order denying motion for a new trial and directing judgment on a verdict. This was an action of ejectment to recover possession of certain premises in Steuben county. Plaintiff claimed title under the following instrument: “Whereas, I, Joseph Fellows, of Corning, in the county of Steuben and State of New York, from infirmities of advanced age, deem it expedient to convey to my nephew, John Heermans, of Corning aforesaid, my real and personal estate in the…
1Opinion of the CourtRaparlo, J.
When the deed of October 10, 1868, was before this court in the case of Heermans v. Robertson (64 N. Y., 332), the question whether it created a valid trust of the real estate of the grantor, and vested the legal title thereto in the plaintiff as trustee, was elaborately discussed in the opinions of Allen, J., and Earl, J. Allen, J., ” maintaining that the instrument amounted only to a power, and Earl, J., taking the contrary view and holding that it created a valid trust. Andrews and Miller, JJ., concurred with Allen, J., and Church, Ch. J., and Folger and.Batallo, JJ., expressed no opinion…
2Cases cited1 opinion
- Heermans v. . RobertsonNew York Court of Appeals · 1876
3Cited by10 opinions
- Cooke v. . PlattNew York Court of Appeals · 1885
- Stanley v. PayneNew York Supreme Court · 1909
- Ray v. FowlerAppellate Division of the Supreme Court of the State of New York · 1922
- Brooklyn Trust Co. v. KernanNew York Supreme Court · 1919
- Cutler v. WinberryAppellate Division of the Supreme Court of the State of New York · 1917
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