Newcomb v. Ketteltas
New York Supreme Court
THIS was an appeal by the defendants from an order made at a special term, overruling a demurrer to the complaint. The following opinion was delivered at the special term.
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THIS was an appeal by the defendants from an order made at a special term, overruling a demurrer to the complaint. The following opinion was delivered at the special term. Mitchell, J. John Gardner made his will dated 2nd July, 1817, in such form as to pass real estate, and devised his estate to James Gardner, John Hyer and John Miller, their heirs and assigns and the survivors, Ketteltas now insists that the leases were void, and executed . without any authority; and although the plaintiff named an appraiser on his part, to value the buildings, and requested Ketteltas to name one on his…
1Opinion of the Court
By the Court,
Clerke, J.
The principal facts presented by this demurrer are, that John Gardner by his will, bearing date the 2d July, 1817, devised in fee his real estate, consisting of about one hundred vacant lots, in an unimproved part of the city of New York, to trustees, for the purpose, first, out of the rents and profits to keep the property in repair and to pay all taxes and charges; and, secondly, to pay the residue to his children during their lives, two-thirds to his son John, and one-third to his daughters; if his son should die leaving issue, his share to be paid to-such issue; if…
2Cited by11 opinions
- Hutcheson v. HodnettSupreme Court of Georgia · 1902
- In re the Armory BoardNew York Supreme Court · 1899
- Peck v. HilerNew York Supreme Court · 1857
- Gomez v. GomezNew York Supreme Court · 1894
- Dunnell v. KeteltasNew York Supreme Court · 1863
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