Soper v. . Brown
New York Court of Appeals
.Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 22, 1892, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Circuit without a jury. This was an action of ejectment to recover a lot in Brooklyn, part of a farm of which Thomas Poole died seized.
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.Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 22, 1892, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Circuit without a jury. This was an action of ejectment to recover a lot in Brooklyn, part of a farm of which Thomas Poole died seized. Both parties claimed title under the will of said decedent, the material portion of which, as well as the facts, are set forth in the opinion. The term issue may be used either as a word of purchase or of limitation, but it is…
1Opinion of the CourtAndrews, J.
Thomas Poole died in 1831, leaving surviving him five daughters, Letitia, Eliza, Mary, Sarah and Margaret. At his death he owned a farm in what is now the city of Brooklyn. By Ms will, after giving a small legacy to Ms daughter Letitia, he devised his farm hi specific parcels to trustees upon separate trusts for the benefit of his four daugh tors, Eliza, Mary, Sarah and Margaret respectively for life. The remainder embraced in the trust for his daughter Eliza was devised in the language following: “ Upon the death of my said daughter Eliza, my further will is that the aforesaid (lands) in…
2Cases cited2 opinions
- Palmer v. . HornNew York Court of Appeals · 1881
- Matter of Estate of BrownNew York Court of Appeals · 1883
3Cited by81 opinions
- In Re the Accounting of the Farmers' Loan & Trust Co.New York Court of Appeals · 1914
- New York Life Insurance & Trust Co. v. VieleNew York Court of Appeals · 1899
- Bartlett v. SearsSupreme Court of Connecticut · 1908
- In Re Trust Under Will of HoldenSupreme Court of Minnesota · 1940
- Petry v. PetryAppellate Division of the Supreme Court of the State of New York · 1919
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