Vines v. Clarke
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Ruby Anna Vines, from--a. judgment of the Supreme Court in favor' of the defendant Clarke, entered in the office of the clerk óf the county- of Saratoga on -the 28th day of March, 1905, upon the decision of the court rendered after' a trial before the’court without a jury at the Saratoga Trial Term. i The action is for ejectment.
Read the full summary
Appeal by the plaintiff, Ruby Anna Vines, from--a. judgment of the Supreme Court in favor' of the defendant Clarke, entered in the office of the clerk óf the county- of Saratoga on -the 28th day of March, 1905, upon the decision of the court rendered after' a trial before the’court without a jury at the Saratoga Trial Term. i The action is for ejectment. The plaintiff' claims to be entitled to recover the possession of an undivided .one-fifth part of the premises described in the complaint' as a.remainderman under the will of Smith Mitchell, who died seized and possessed of such premises. By…
1Opinion of the Court
Chester, J.:
While. Belinda Pettigrew, as the executrix of her husband’s will, was thereby expressly given the absolute power of sale of his real estate, yet in the deéd which she gave there is no mention of such power. The question presented for determination, therefore, is whether by such deed she conveyed the entire fee or simply her life estate. Section 124 of title 2 of chapter 1 of part 2 of the Revised Statutes (1 R. S. 737), which was in force when the deed was given, provided that “every instrument executed by the grantee of a power, conveying an estate * * *, which such grantee would…
2Cases cited4 opinions
- Blagge v. MilesU.S. Circuit Court for the District of Massachusetts · 1841
- White v. . HicksNew York Court of Appeals · 1865
- Mutual Life Insurance v. ShipmanNew York Court of Appeals · 1890
- Weinstein v. WeberAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by3 opinions
- In re the Accounting of Bank of New YorkAppellate Division of the Supreme Court of the State of New York · 1951
- Board of Home Missions, C. v. SaltmerNew Jersey Court of Chancery · 1939
- Pepper v. CutlerNew York Supreme Court · 1912