Barlow v. . Barlow
New York Court of Appeals
Ejectment for a lot of land in the town of Stanford, county of Dutchess, tried before Babculo, circuit judge, in November, 1846. Thomas Braman, in 1805, made his will, one clause of which was as follows: “ I give and devise to Braman Barlow, who now resides with me, the sole use and improvement of the farm whereon I now live, in the said town of Stanford, during his natural life, and at his decease to his eldest son, James Barlow, and to the natural heirs of his body, and to…
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Ejectment for a lot of land in the town of Stanford, county of Dutchess, tried before Babculo, circuit judge, in November, 1846. Thomas Braman, in 1805, made his will, one clause of which was as follows: “ I give and devise to Braman Barlow, who now resides with me, the sole use and improvement of the farm whereon I now live, in the said town of Stanford, during his natural life, and at his decease to his eldest son, James Barlow, and to the natural heirs of his body, and to their heirs and assigns forever; but in case he should have no such heir or heirs, then and in such case I devise said…
1Opinion of the CourtGardiner, J.
By the Court,
According to the will of. Thomas Braman, Braman Barlow took an estate for life in the premises in question, remainder in tail to his son James Barlow, remainder in fee to his second son Cyrus. (But. Fearne, v. 1, 426, 7; Driver v. Edgar, Cowp. 379.) As the remainder limited to James Barlow, vested upon the death of the testator, it was converted by the statute of 1786 into a remainder in fee. (Wendell v. Crandall, 1 Comst. R. 491.) James became a new stock of descent, and upon his death, in 1817, the land, which is the subject of this suit, descended to his father as his heir at…
2Cited by2 opinions
- Brown v. . LyonNew York Court of Appeals · 1852
- Webb v. . SweetNew York Court of Appeals · 1907