Livingstons v. Livingston
Court for the Trial of Impeachments and Correction of Errors
This was an action of ejectment, tried at the Columbia circuit in June, 1838, before tbe Hon. James Vanderpoel, one of tbe circuit judges. The plaintiffs claimed to recover a certain portion of lot number four, in the manor of Livingston, as the heirs at law of Henry Livingston, the son of John Livingston of Oak-Hill, in the same manor.
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This was an action of ejectment, tried at the Columbia circuit in June, 1838, before tbe Hon. James Vanderpoel, one of tbe circuit judges. The plaintiffs claimed to recover a certain portion of lot number four, in the manor of Livingston, as the heirs at law of Henry Livingston, the son of John Livingston of Oak-Hill, in the same manor. John Livingston, by his will, devised the premises in question to his son Henry in fee; hut declared in and by the same will, that if Henry, the brother of the testator, should, (as he had solemnly engaged he would do,) by his last will and testament, give to…
1Opinion of the Court
By the Court,
Nelson, J.
The limitation' to Herman Livingston, of that portion of' lot No. 4, conditionally devised to his brother Henry, is valid and effectual as an executory devise, and the only material and difficult question in the‘case is, whether the contingency has happened ; or, in other words, whether the condition has been performed by Henry, the uncle, upon which the estate was ]¡p go over. The intent of the testator, John,-the fathert who ' prescribed the condition, is to govern in construing it according to the universal rule applicable to the interpretation of wills. It is said…
2Cited by3 opinions
- People ex rel. Bishop v. Kingston & Middletown Turnpike Road Co.New York Supreme Court · 1840
- State v. Real Estate BankSupreme Court of Arkansas · 1844
- State ex rel. Attorney-General v. WoodMissouri Court of Appeals · 1883