Lippen v. Eldred
New York Supreme Court
Ejectment for an undivided part of lot 8 in the second tract of Staley’s patent, tried at the circuit in the county of Herkimer. The plaintiffs claimed as heirs at law of Nicholas Wohllever, who died in 1774 or 1775, having first made a will dated February 23d, 1773, in which he mentions the premises in dispute as follows: “ Further, No. eight in the second tract is to be divided in equal parts unto my five daughters, Catharine, Elizabeth, Magdalen, Anna, and Anna Maria.”
Read the full summary
Ejectment for an undivided part of lot 8 in the second tract of Staley’s patent, tried at the circuit in the county of Herkimer. The plaintiffs claimed as heirs at law of Nicholas Wohllever, who died in 1774 or 1775, having first made a will dated February 23d, 1773, in which he mentions the premises in dispute as follows: “ Further, No. eight in the second tract is to be divided in equal parts unto my five daughters, Catharine, Elizabeth, Magdalen, Anna, and Anna Maria.” It was admitted that the five daughters were all dead; the first having died bout thirty years, and the last about four…
1Opinion of the Court
By the Court, Allen, J.
It is not claimed that, in a will, the word “ heirs,” or other express words of inheritance, are necessary to vest an estate in fee in the devisee. It is a well established rule that effect is to be given to the intent of the testator, although that intent may be inartificially expressed. (2 M. & S. 711. 3 Burr. 1684. Smith v. Bell, 6 Peters’ Rep. 68. Reeve’s Dom. Rel. 487. Jackson v. Babcock, 12 John. Rep. 393, per Platt, J.) This intent, however, must be found in the will, either expressed or implied in its terms, or drawn by fair inference from other manifest…
2Cases cited11 opinions
- Wright v. Denn Ex Rel. PageSupreme Court of the United States · 1825
- Jackson ex dem. Burhans v. BlanshanNew York Supreme Court · 1810
- Morrison v. SempleSupreme Court of Pennsylvania · 1813
- Jackson ex dem. Harris v. HarrisNew York Supreme Court · 1811
- Cook v. HolmesMassachusetts Supreme Judicial Court · 1814
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Fitzpatrick v. FitzpatrickSupreme Court of Iowa · 1873
- Campbell v. RawdonNew York Supreme Court · 1854