Brant ex dem. Heirs of Provoost v. Gelston
New York Supreme Court
This was an action of ejectment for lands in the city of New York. The jury found a special verdict. The following are the material facts which it contained : David Provoost, the elder, of New York, being seised in fee of the premises in question, on the 10th day of April, 1762, by an indenture between him and Jacob Brewerton, of King’s county, and Helena his wife, (who was the daughter of the said David,) in consideration of natural love and affection, and for the better…
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This was an action of ejectment for lands in the city of New York. The jury found a special verdict. The following are the material facts which it contained : David Provoost, the elder, of New York, being seised in fee of the premises in question, on the 10th day of April, 1762, by an indenture between him and Jacob Brewerton, of King’s county, and Helena his wife, (who was the daughter of the said David,) in consideration of natural love and affection, and for the better maintenance of the grantees, conveyed by the words “ give, grant, alien, enfeoff and confirm,” to them the ^premises, to…
1Opinion of the CourtKent, J.
The following questions have been raised by the counsel :
1. Whether there was a power given to Helena, and properly executed by her, to vest the fee of the premises in her husband, Jacob Brewerton?
If this question should be answered in the negative, then, 2. Whether an estate tail was not vested in her by the deed of 1762, so as to render her conveyance valid, under the act of 23d February, 1786 ?
It will be unnecessary for me to give any opinion on the first question, relative to the power, because I am of opinion that the second question must be answered in favor of the defendant. I am…
2Cited by7 opinions
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- Brown v. . LyonNew York Court of Appeals · 1852
- Holt v. PickettSupreme Court of Alabama · 1895
- Kiowa Realty Co. v. MolenaorNew York Supreme Court · 1917
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