Jackson ex dem. Pearson v. Housel
New York Supreme Court
THIS was an action of ejectment, for part of lot No. 81. in the town of Lansing, in Tompkins county, tried before Mr. Justice Woodworth, the 4th of June, 1819. A verdict was taken, by consent, for .the plaintiff, subject to the opinion of the court, on a case. John M. Pearson died seised of the premises in question, in February, 1809, leaving a widow and two daughters, his only children, the lessors of the plaintiff.
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THIS was an action of ejectment, for part of lot No. 81. in the town of Lansing, in Tompkins county, tried before Mr. Justice Woodworth, the 4th of June, 1819. A verdict was taken, by consent, for .the plaintiff, subject to the opinion of the court, on a case. John M. Pearson died seised of the premises in question, in February, 1809, leaving a widow and two daughters, his only children, the lessors of the plaintiff. Aurelia P., the widow, died in April, 1814. The defendant gave in evidence the last will and testament o( John M. Pearson, dated the 21st of July, 1308, in which lie devised as…
1Opinion of the Court
Spencer, Ch. J.,
delivered the opinion of the court. The question is, whether Mrs. Pearson took a fee, or a life estate only. If she took a fee in the premises, then the defendant is entitled to judgment: otherwise not.
*Judge Reeve, in his Treatise on Domestic Relations, 431. very justly says, that the governing rule is, that the intention of the testator is to prevail; and such construction is to be given to the words of a will, as to effectuate such estate as comports with the intention of the testator, provided such construction is consistent with the rules of law; and that, in all the…
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- Denechaud v. BerreySupreme Court of Alabama · 1872
- Kahanaiki v. Kohala Sugar Co.Hawaii Supreme Court · 1888
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