Foose v. . Whitmore
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of the defendants entéred upon a decision of the court on trial without a jury. This was an action of ejectment to recover an alleged undivided interest owned by plaintiff in certain lands situate in Livingston county, of which Jacob A. Foose, the father of plaintiff, died seized.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of the defendants entéred upon a decision of the court on trial without a jury. This was an action of ejectment to recover an alleged undivided interest owned by plaintiff in certain lands situate in Livingston county, of which Jacob A. Foose, the father of plaintiff, died seized. The decedent left a will which disposed of his property as follows: “ I, in order to settle, as far as possible, all my worldly interests, do give and bequeath all my property, real and…
1Opinion of the CourtDanforth, J.
notwithstanding the well-directed and careful research of the learned counsel for the appellant, no case has been found exactly covering the one before us. We are, therefore, not embarrassed by authority, for the tendency of modern decisions is not to extend the rule or practice which, from words of doubtful meaning, deduces or implies a trust. (2 Story’s Eq. Jur., § 1069; Lamb v. Eames, L. R., 10 Eq. Cases, 267; In re Hutchinson and Tenant, L. R., 8 Ch. Div. 540.) Yet, when this doctrine was applied, the object sought for was the intention of the testator, and for this the context of the…
2Cited by46 opinions
- In Re the Estate of HayesNew York Court of Appeals · 1934
- Collister v. . FassittNew York Court of Appeals · 1900
- Burnes v. BurnesCourt of Appeals for the Eighth Circuit · 1905
- Utley v. DonaldsonSupreme Court of the United States · 1877
- Post v. . MooreNew York Court of Appeals · 1905
41 more not listed; retrieve them via the Exa API.