Burlingham v. Belding
New York Supreme Court
This was an action of ejectment,, tried at the Dutchess circuit, in October, 1838, before the Hon. Charles XL Ruggles, one of the circuit judges..
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This was an action of ejectment,, tried at the Dutchess circuit, in October, 1838, before the Hon. Charles XL Ruggles, one of the circuit judges.. The plaintiff, Catharine Burlingham, one of seven children of Silas Belding, deceased, claimed an equal undivided seventh part of three tracts of land in the possession of’ the defendant, who claimed the premises under a devise in-the will of Silas Belding, executed in 1786,- whereby the-premises were devised to Lawrence Belding, the. father of the défendant, without any words of perpetuity added to the-devise. The defendant claimed that his father…
1Opinion of the Court
*465 By the Court,
Cowen, J.
It is conceded by the defendant’s counsel, that the clause in the will of the testator Silas Belding, by which he devised the premises in question to his son Lawrence, when considered by itself, carried no more than an estate for life; and that the will cannot be made to carry a fee,- unless it fasten some personal charge upon Lawrence, in respect to the land devised to him. That the will in a distinct previous clause, imposes a personal charge upon him to some extent,- which is comprised in the words “ who is to take care of his mother during her natural life,” is…
2Cases cited2 opinions
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- Van Alstyne v. SprakerNew York Supreme Court · 1835
3Cited by2 opinions
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- Trimm v. . MarshNew York Court of Appeals · 1874