McLachlan v. McLachlan
New York Court of Chancery
This was a bill for partition. D. McLachlan, the father of the complainant and of the defendant John McLachlan, and the ancestor of the other defendants, died in August, 1829, seized in fee of the premises in question, being a farm of 102 acres in the town of Charlton.
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This was a bill for partition. D. McLachlan, the father of the complainant and of the defendant John McLachlan, and the ancestor of the other defendants, died in August, 1829, seized in fee of the premises in question, being a farm of 102 acres in the town of Charlton. By his will he disposed of his real and personal estate as follows : u The farm of one hundred acres in Charlton which is now occupied by my son William, together with the two acre lot adjoining the same, I leave in possession of my son William to be used and oócupied by him for and during the whole term of eight years after my…
1Opinion of the Court
The Chancellor.
The principal question in this case is whether the condition annexed to the devise to the testator’s grandson Robert, that he should settle and reside on the farm, was a condition precedent to the vesting of the estate ; or was a condition subsequent, the non-performance of which was to divest an estate to which he was previously entitled under the will. Taking the whole provisions of the will together, I have no doubt that the testator intended to give to his grandson an immediate interest in the farm, and in the personal estate, farming utensils and stock thereon j subject to…
2Cited by17 opinions
- Brown v. . KnappNew York Court of Appeals · 1879
- Gridley v. . GridleyNew York Court of Appeals · 1861
- Williams v. NicholSupreme Court of Arkansas · 1886
- Burdis v. BurdisSupreme Court of Virginia · 1898
- Dill v. . WisnerNew York Court of Appeals · 1882
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