Harris v. Slaght
New York Supreme Court
HIS action Was tried at the circuit before Justice Welles, without a jury. The complaint alleged that Cornelius Sebring, late of Ovid in the county of Seneca, and father of the plaintiff, died at Ovid aforesaid, on or about the 30th of January, 1828, seised in fee simple and possessed at the time of his death of certain premises particularly described in the complaint.; that the said Cornelius Sebring, by his last will and testament, devised and bequeathed to his son and one…
Read the full summary
HIS action Was tried at the circuit before Justice Welles, without a jury. The complaint alleged that Cornelius Sebring, late of Ovid in the county of Seneca, and father of the plaintiff, died at Ovid aforesaid, on or about the 30th of January, 1828, seised in fee simple and possessed at the time of his death of certain premises particularly described in the complaint.; that the said Cornelius Sebring, by his last will and testament, devised and bequeathed to his son and one of his heirs at law, Folkerd C. Sebring, a life estate in the above described premises, and that the said testator made…
1Opinion of the Court
By the Court, Johhson, J.
The first question in this case, is whether Folkerd C. Behring took an estate in fee under the will of his father, Cornelius 'Behring; in the twenty-nine acres of land in question. There are no words of perpetuity in the devise to Folkerd, and unless it appears from the whole tenor of the will that the testator intended to give an estate of inheritance, the devisee took an estate for life only, and at his decease the inheritance went to the plaintiff, and to his brothers and sisters and their heirs at law, subject only to the widow’s right of dower; the devisee having…
2Cases cited2 opinions
- Downing v. . MarshallNew York Court of Appeals · 1861
- Charter v. OtisNew York Supreme Court · 1862
3Cited by11 opinions
- Rich v. TiffanyAppellate Division of the Supreme Court of the State of New York · 1896
- In re the Estate of SmallmanNew York Surrogate's Court · 1931
- Allen v. StevensNew York Supreme Court · 1897
- Chamberlain v. ChamberlainNew York Supreme Court · 1870
- Harris v. American Bible SocietyNew York Court of Appeals · 1867
6 more not listed; retrieve them via the Exa API.