Terry v. . Wiggins
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial district, affirming a judgment in favor of defendants, entered upon decision of the court at Special Term, (Reported below 2 Lansing, 272.) This is an action of ejectment brought by heirs of Hannah Youngs to recover lands in Southold, Suffolk county.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial district, affirming a judgment in favor of defendants, entered upon decision of the court at Special Term, (Reported below 2 Lansing, 272.) This is an action of ejectment brought by heirs of Hannah Youngs to recover lands in Southold, Suffolk county. Defendants claim to be in possession, as executors, under the will of Joshua Preston Youngs, who devised as follows: “I do hereby give and devise unto my beloved wife, Hannah Youngs, all my northside lot, etc., etc., describing it. The said lot I give for her…
1Opinion of the CourtAllen, J.
The testator evidently intended to distinguish between the different gifts to his wife, under whom, as her heirs-at-law, the plaintiffs claim. The first devise to her is of three lots, probably the homestead and two lots used as appurtenant to it.
These are given without words of limitation, but the testator adds a clause clearly indicating an intent to give in fee, viz.: “ The said lots I give for her sole and absolute use and disposal.” These words would have vested a fee simple in the devisee without the aid of the statute declaring that every grant or devise of real estate, or any interest…
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