Legal Opinion

Welch v. Allen

New York Supreme Court

Decided May 15, 1839PublishedCited by 15 opinions

This was an action of ejectment tried at the Wayne circuit in April, 1838, before the Hon. Daniel Mosely, one of the circuit judges.

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This was an action of ejectment tried at the Wayne circuit in April, 1838, before the Hon. Daniel Mosely, one of the circuit judges. The plaintiff (Morris Welch) produced in evidence an act of the legislature of this state, passed 26th March, 1802, directing the commissioners of the land office to grant letters patent to Matthias B. Tallmadge, in trust for John Welch, his heirs and assignees, for 450 acres of unappropriated lands; and declaring that Tallmadge should dispose of the same, and apply the proceeds to the support of John Welch and his family, and after his decease pay the residue,…

1Opinion of the Court

By the Court,

Nelson, Ch. J.

Assuming that Tallmadge took a fee, which I think he did, such estate being necessary to enable him to fulfill the object of the trust, that on his .death it descended to his. heirs or passed under his will, as the case may be, after the death of John Welch, and that the estate was not sold as directed in the trust deed, the trust became wholly nominal. No sale was contemplated after the death of John Welch ; the reason for directing it was to obtain the means of support for him and his family during his lifetime, and on his death the surplus was to go absolutely to…

2Cited by15 opinions

  1. Nicoll v. WalworthNew York Supreme Court · 1847
  2. Martin v. PineNew York Supreme Court · 1894
  3. Neilson v. LagowIndiana Supreme Court · 1853
  4. Townshend v. FrommerThe Superior Court of the City of New York and Buffalo · 1889
  5. North v. PhilbrookSupreme Judicial Court of Maine · 1852

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