Crain v. . Wright
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made April 23, 1885, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. This was an action of ejectment to recover the possession of thirty acres of land in the town of Hartland, county of Miagara. The defense was a general denial.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made April 23, 1885, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. This was an action of ejectment to recover the possession of thirty acres of land in the town of Hartland, county of Miagara. The defense was a general denial. The parties are the children of one John Wright, who died April 2, T861, leaving a last will and testament, the material portion of which is as follows, viz.: “ First. It…
1Opinion of the CourtVann, J.
The title of the plaintiff depends upon a conveyance to her from her mother Anna Wright. The title of Anna Wright depended upon the will of her deceased husband, John Wright, by which he devised the lands in question to her “to have and to hold for her benefit and support.” The appellant contends that by the addition of these words the devise was cut down to a life estate, and the case of Terry v. Wiggins (47 N. Y. 512) is cited in support of this position. In that case, however, the testator devised a piece of land to his wife “ for her sole and absolute use and disposal,” and also gave her…
2Cases cited4 opinions
- Terry v. . WigginsNew York Court of Appeals · 1872
- Campbell v. . BeaumontNew York Court of Appeals · 1883
- Henderson v. BlackburnIllinois Supreme Court · 1882
- Paine v. BarnesMassachusetts Supreme Judicial Court · 1868
3Cited by30 opinions
- McKemey v. KetchumSupreme Court of Iowa · 1919
- Lang v. SmithWest Virginia Supreme Court · 1893
- Mitchell v. Van AllenAppellate Division of the Supreme Court of the State of New York · 1902
- Will of Weymouth v. WeymouthWisconsin Supreme Court · 1917
- Weston v. Second Orthodox Congregational SocietySupreme Court of New Hampshire · 1915
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