Cipperly v. Cipperly
New York Supreme Court
This is a motion by the defendants to dissolve an injunction heretofore granted, restraining the defendant Catherine Cipperly, her agents and servants from cutting and removing wood and timber from the premises occupied by her, situated in the town of Brunswick.
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This is a motion by the defendants to dissolve an injunction heretofore granted, restraining the defendant Catherine Cipperly, her agents and servants from cutting and removing wood and timber from the premises occupied by her, situated in the town of Brunswick. The plaintiffs claim to be the owners in fee of said premises subject to the life estate of the said Catherine, deriving- their title under and by virtue of the last will and testament of Augustus Burdick late of said town of Brunswick, deceased. By said will, which bears date, June 14th, 1844, the testator devised and bequeathed to…
1Opinion of the CourtIngalls, J.
The important question involved in this motion is, whether the defendant, Catherine Cipperly, by the will of her father, became seized in fee of said premises, or took merely a life estate therein. And the determination of the question depends upon the construction which is to be given to said will. The will was executed subsequent to the taking effect of the Revised Statutes, and hence, the case is not embarrassed by many of the arbitrary rules and artificial distinctions, which hvae been applied in the construction of wills executed prior to the adoption of said statutes when words of…
2Cited by1 opinion
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