Jackson ex dem. Harris v. Harris
New York Supreme Court
THIS was an action of ejectment, tried before Mr. ... i .. Justice Spencer, at the Schenectady, circuit, the 24th October, 1810, when a verdict was taken for the plaintiff, , . , .... . r ,, . subject to the opinion or tue court, on the following case Ebenezer Harris, who died seised of the premises’in ■ question, by his last will, dated the 12th March, 1800, devised as follows : “ as touching such worldly estate, wherewith it has pleased God to bless me in this life, I…
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THIS was an action of ejectment, tried before Mr. ... i .. Justice Spencer, at the Schenectady, circuit, the 24th October, 1810, when a verdict was taken for the plaintiff, , . , .... . r ,, . subject to the opinion or tue court, on the following case Ebenezer Harris, who died seised of the premises’in ■ question, by his last will, dated the 12th March, 1800, devised as follows : “ as touching such worldly estate, wherewith it has pleased God to bless me in this life, I give, devise, and dispose of the same, in the follow.ng manner and form: First, I give to Jeremiah, my eldest son, 40…
1Opinion of the CourtSpencer, J.
The lessors of the plaintiff are the heirs at law of Ebenezer Harris, and claim as such. The defence set up is, that E. Harris devised the premises in question to Henry Harris, and that he devised them to the defendant.
The question, then, between the parties, turns on the will of E. Harris, and whether under it, Henry Harris took an estate for life, or an estate in fee-simple. It has been contended, on the part of the defendant, that Henry took a fee under the will, 1st, in consequence of the charge on the real estate devised ; and, 2d, by the words in the introductory part of his will, by…
2Cited by19 opinions
- Dale v. GearSupreme Court of Connecticut · 1871
- Young v. EllisSupreme Court of Virginia · 1895
- Jackson ex dem. Hyer v. Van ValkenburghNew York Supreme Court · 1828
- Snowden v. TylerNebraska Supreme Court · 1887
- Evans v. ClearySupreme Court of Pennsylvania · 1889
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