Jackson ex dem. Ruggles v. Martin
New York Supreme Court
EJECTMENT for lands in New Windsor, in the county of Orange. The parties agreed upon the following case, with liberty to either party to turn the same into a special ver-diet.
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EJECTMENT for lands in New Windsor, in the county of Orange. The parties agreed upon the following case, with liberty to either party to turn the same into a special ver-diet. Henry M‘Neely being seised of a large real estate, made his will, dated August 31, 1795, in which he devised, as follows : “ As for that worldly estate, wherewith it hath pleased God to bless me, I dispose thereof as follows : First, I give and bequeath unto my loving wife Sarah M. any . , J ° J room in my dwelling house, that she may choose to live in, after my decease. I, also, give her one cow, and fodder and pasture…
1Opinion of the Court
Spencer, Ch. J.
title of the plaintiff to recover, depends principally upon that clause in the will of Henry M‘Neely, in which he devises 118 acres to his son Robert, to be taken off the southerly end of his homestead farm. The devise of this portion of his estate, contains no words of inheritance or perpetuity; after describing the 118 acres, the will proceeds, “he complying -with the following injunctions, that is, he, my said son Robert, shall allow to his said mother any room in my said dwelling house that she may choose to live in, and keeping for her one cow, summer and winter, and to…
2Cited by8 opinions
- Taylor v. BenhamSupreme Court of the United States · 1847
- McRee's Adm'rs v. MeansSupreme Court of Alabama · 1859
- Gardner v. GardnerU.S. Circuit Court for the District of Rhode Island · 1823
- Metcalf v. PrescottMontana Supreme Court · 1891
- Reynolds v. BondIndiana Supreme Court · 1882
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