Ferris v. Smith
New York Supreme Court
THIS was a ease in partition. The petition for partition, under tire statute, (sess. 36. ch. 100. 1 N. R. L. 507. 2 Rev. Stat. 317, &fc.) and notices, were dated the 10th of November, 1817, copies of which notices were served on the above named defendants, in November, and the petition, &c. presented in January term, 1818. Previous to that time, notice had been given, the 10th of October, 1817, to the infant children of Lewis Smith, of an application to the court in October…
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THIS was a ease in partition. The petition for partition, under tire statute, (sess. 36. ch. 100. 1 N. R. L. 507. 2 Rev. Stat. 317, &fc.) and notices, were dated the 10th of November, 1817, copies of which notices were served on the above named defendants, in November, and the petition, &c. presented in January term, 1818. Previous to that time, notice had been given, the 10th of October, 1817, to the infant children of Lewis Smith, of an application to the court in October term, 1817, for the appointment. guardian, which was accordingly ’ ' ' " 7 of a guardian, which was accordingly done,…
1Opinion of the Court
Spencek, Ch. J.,
delivered the opinion of the court.
Two questions have been made on the argument; first, whether the will of Arming Smith, the elder, devising his real estate, vested an estate of inheritance in the devisees, or an estate for life only ? 2d. Whether the alienation of the interest of Arming Smith, the younger, before the service of a copy of the petition and notice on either of the defendants, defeats the action ?
On the first point, there can be no doubt that the will vested an estate for life only in the devisees. The will contains *185no words of inheritance, nor any thing to…
2Cited by5 opinions
- Clapp v. BromaghamCourt for the Trial of Impeachments and Correction of Errors · 1827
- Van Derzee v. Van DerzeeNew York Supreme Court · 1859
- Hunt v. HazeltonSuperior Court of New Hampshire · 1830
- Morrill v. FosterSuperior Court of New Hampshire · 1852
- Sargent v. TowneMassachusetts Supreme Judicial Court · 1813