Jackson ex dem. Miller v. Potter
New York Supreme Court
This, was an action of ejectment, tried at the Onondaga circuit in September, 1828, before the Hon. Enos T. Throop, then one of the circuit judges, for the recovery of part of lot No. 65, Cicero.
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This, was an action of ejectment, tried at the Onondaga circuit in September, 1828, before the Hon. Enos T. Throop, then one of the circuit judges, for the recovery of part of lot No. 65, Cicero. Abraham Bachman being the owner of the lot by a conveyance from Henry Plimley, the soldier ¡to whom the same was granted, on the 22d October, 1799, made his last will and testament; whereby, after giving a part of his dwelling house to his wife during widowhood and the use of another dwelling house and of a store to Jacob F. Miller for five years, and after bequeathing certain legacies, devised unto…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The only question in this case is, wheather Jacob F. Miller had the title by virtue of the will, and conveyance from the residuary lagatees. It is contended that the devise was to the executors upon conditions, which conditions have not been performed ; that the executor being a trustee, could not purchase from his cestuis que trust-
It seems to me quite unnecessary to go into an examination of the cases on these points, for if the act be as contended, the consequence would be that the estate would descend to the heirs at law of Abraham Bachman. The only relations…
2Cited by2 opinions
- Orr v. QuimbySupreme Court of New Hampshire · 1874
- Catton v. TaylorNew York Supreme Court · 1864