Tallmadge v. Sill
New York Supreme Court
OTIOE for judgment upon a verdict taken for the defendants, subject to the opinion of the court, on a case. Francis TsTicoll owned 844-¡% acres of land in Bethlehem and Coeymans; and on the 18th day of February, 1817, made his will, devising this land to two trustees, in trust, 1. To pay the rents and profits to the sole and separate use of Abigail L. Sill, wife of John L. Sill, during the joint lives of said John and Abigail. 2. If John L.. should survive Abigail, then to…
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OTIOE for judgment upon a verdict taken for the defendants, subject to the opinion of the court, on a case. Francis TsTicoll owned 844-¡% acres of land in Bethlehem and Coeymans; and on the 18th day of February, 1817, made his will, devising this land to two trustees, in trust, 1. To pay the rents and profits to the sole and separate use of Abigail L. Sill, wife of John L. Sill, during the joint lives of said John and Abigail. 2. If John L.. should survive Abigail, then to pay said rents and profits to John L. during his lifetime, to .be applied by him to the maintenance, education and…
1Opinion of the Court
By the Court, Parker, P. J.
It is. clear that John L. Sill had no legal estate in the land. That was vested in the trustees. He was not even entitled to receive the rents and profits from the trustees, unless he survived his wife as well as his children; and his wife was living at the time of his death. The contingency, therefore, on which he could derive a benefit as cestui que trust never happened. But under the will of Francis Hie oil, John L. Sill was empowered and authorized to convey and dispose of all the land, or any part thereof, by. his last will and testament under Ms hand, executed…
2Cases cited1 opinion
- Johnson v. CushingSuperior Court of New Hampshire · 1844
3Cited by5 opinions
- United States v. FieldSupreme Court of the United States · 1921
- United States v. FieldSupreme Court of the United States · 1921
- Patterson & Co. v. LawrenceSupreme Court of Georgia · 1889
- Rhode Island Hospital Trust Co. v. AnthonySupreme Court of Rhode Island · 1928
- Cutting v. CuttingNew York Supreme Court · 1880