Terry v. Wiggins
New York Supreme Court
Appeal from a judgment entered on a decision, after trial, by the court, in an action of ejectment, for premises in Southold, Suffolk county. The plaintiffs claimed title, as heirs-at-law of Hannah Youngs, as devisee under the will of her husband, Joshua P. Youngs, deceased. The defendants claimed under the same will as the executors thereof.
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Appeal from a judgment entered on a decision, after trial, by the court, in an action of ejectment, for premises in Southold, Suffolk county. The plaintiffs claimed title, as heirs-at-law of Hannah Youngs, as devisee under the will of her husband, Joshua P. Youngs, deceased. The defendants claimed under the same will as the executors thereof. The will was given in evidence upon the trial, and was as follows, viz.: “I, Joshua Preston Youngs, of Greenport, in the township of Southold and State of Hew York, being, by the mercy and good providence of Almighty God, in sound and disposing mind and…
1Opinion of the Court
*274By the Court
Gilbert, J.
This was an action to recover the possession of certain real estate devised by the will of Joshua Preston Youngs, to his widow, Hannah Youngs. The plaintiffs claimed as heirs-at-law of said Hannah. The sole question in the case is, whether this devisee took an estate in fee, or only a life estate in the locus in quo. In the first clause the testator gives to his said wife all of two lots of land particularly designated, and declares that “ the said lots I give for her sole and absolute use and disposal.” By the second clause he gives to his said wife, “ all other real…
2Cases cited2 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Ide v. IdeMassachusetts Supreme Judicial Court · 1809
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- Livingston v. MurrayNew York Supreme Court · 1875