Legal Opinion

Livingston v. New York, Ontario & Western Railway Co.

Appellate Division of the Supreme Court of the State of New York

Decided November 10, 1920PublishedCited by 7 opinions

Appeal by the defendant, New York, Ontario and Western Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Sullivan on the 16th day of March, 1920, upon the decision of the court rendered after a trial at the Sullivan Trial Term, the jury having been discharged.

1Opinion of the Court

Woodward, J.:

This is an action in ejectment. Edward Livingston, at the time of his death in 1864, resided upon a farm, of 200 *525acres in Sullivan county. This was a pari of the original Hardenburgh Patent. By his last will and testament he gave to his nephew, Charles Octavius Livingston, this farm of 200 acres, including the equipment and household goods, “to be used and enjoyed by my said nephew during ihe term of his natural life, and at his decease to descend to the eldest son of my said nephew who shall then be living,” etc. Provision was made for the disposition of the property in the…

2Cases cited4 opinions

  1. De Peyster v. . MichaelNew York Court of Appeals · 1852
  2. Wilmore v. . FlackNew York Court of Appeals · 1884
  3. Christie v. . GageNew York Court of Appeals · 1877
  4. Continental Insurance v. New York & Harlem RailroadNew York Court of Appeals · 1907

3Cited by7 opinions

  1. New York, Ontario & Western Railway Co. v. LivingstonNew York Court of Appeals · 1924
  2. Lotspeich v. DeanNew Mexico Supreme Court · 1949
  3. In re the Accounting of CianciulliNew York Surrogate's Court · 1957
  4. In re the Probate of the Will of OnoraNew York Surrogate's Court · 1954
  5. Kirchhof v. RamseyNew York Supreme Court · 1934

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