Campbell v. . Rawdon
New York Court of Appeals
Appeal from the Supreme Court. Action to recover two-thirds of lot No. 56, in the town of Champlain and county of Clinton. The trial was before Mr. Justice James, a jury having been waived.- The judge found the following facts. Joseph Bindon, Sr., was, on the 15th of October, 1819, seised in fee of the land in controversy. On that day he made and published his last will, of which these are the material words: “ First.
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Appeal from the Supreme Court. Action to recover two-thirds of lot No. 56, in the town of Champlain and county of Clinton. The trial was before Mr. Justice James, a jury having been waived.- The judge found the following facts. Joseph Bindon, Sr., was, on the 15th of October, 1819, seised in fee of the land in controversy. On that day he made and published his last will, of which these are the material words: “ First. I give and bequeath to my sons George Bindon, Joseph Bindon, and my faithful housekeeper, Jane McCready, all that messuage or tenement in which I now live, with all the…
1Opinion of the CourtComstock, J.
The first question is, whether Joseph Bin-, don, George Bindon and Jane McCready took an estate in fee in the premises in question, under the will of Joseph Bindon, Sr. The devise was “ to them and their heirs, for their use, improvement and equal emolument, during their natural lives, and after their decease to the heirs of John Bill, of the city of New York, chairmaker.” In the terms here used there is an irreconcilable repugnancy. “ Heirs” is a word of perpetuity, but it is followed in' this devise by a plain and precise limitation of the estate to the lives of the devisees, and then, on…
2Cited by39 opinions
- Doctor v. . HughesNew York Court of Appeals · 1919
- Scott v. WestWisconsin Supreme Court · 1885
- In Re the Accounting of KingNew York Court of Appeals · 1910
- Tomlinson v. NickellWest Virginia Supreme Court · 1884
- Biggs v. McCartyIndiana Supreme Court · 1882
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