Jackson ex dem. Wells v. Wells
New York Supreme Court
THIS was an action of ejectment, for lands in Suffolk county". The cause was tried at the Suffolk circuit, in July, 1810, before Mr. Justice Yates.
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THIS was an action of ejectment, for lands in Suffolk county". The cause was tried at the Suffolk circuit, in July, 1810, before Mr. Justice Yates. A verdict was taken for the plaintiff, subject to the opinion of the court, on a case containing the following facts, with liberty to either party to turn the same into a special verdict; and also to put into the form of a bill or bills of exceptions, to be returned on the postea, all or any part of the testimony objected to by either party, and admitted by the judge, &c. On the part of the plaintiff, the will of Daniel Wells the elder, who was…
1Per curiam
Upon this will it is clear, upon the established principles of construction, that the defendant’s father took only an estate for life. The words of the will are, “I give and bequeath unto my eldest son, Daniel Wells, all that part of a lot of land that I now live on.” Here are no words of limitation or perpetuity, though it appears, from other parts of the will, that the testator understood their force and effect, and knew how to use them; nor is there a single word, or expression, which denotes any thing more than a description of the land devised. There is nothing which alludes to the…
2Cited by6 opinions
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- Hall v. GoodwynSupreme Court of South Carolina · 1820
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