Brown v. . Lyon
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the seventh district, where a judgment in favor of the defendant, in a case tried before the court, without a jury, had been affirmed. This was an action of covenant to recover damages for an alleged breach of the covenant of seisin, contained in a deed from the defendants to the plaintiff, for certain premises in the city of Rochester.
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Appeal from the general term of the Supreme Court, in the seventh district, where a judgment in favor of the defendant, in a case tried before the court, without a jury, had been affirmed. This was an action of covenant to recover damages for an alleged breach of the covenant of seisin, contained in a deed from the defendants to the plaintiff, for certain premises in the city of Rochester. The premises were originally owned and possessed by one Enos Stone, who, on the 20th day of September 1813, made his last will and testament, by which he devised the premises in question, with certain other…
1Opinion of the CourtGridley, J.
(after stating the facts.) — The sole question presented for our consideration is, whether Olive Hall took, under her father’s will, an estate for life, or an estate-tail, changed into a fee-simple by virtue of the statute abolishing estates in tail, passed in 1786.
It is undoubtedly true, as a general rule, that, in the construction of wills, the intention of the testator, as derived from the whole instrument, is the governing principle of interpretation; but this rule is subordinate to another, which is, that where words and phrases have received a fixed legal interpretation, by repeated…
2Cases cited3 opinions
- Schoonmaker v. SheelyCourt for the Trial of Impeachments and Correction of Errors · 1846
- Brant ex dem. Heirs of Provoost v. GelstonNew York Supreme Court · 1801
- Barlow v. . BarlowNew York Court of Appeals · 1849
3Cited by10 opinions
- Doctor v. . HughesNew York Court of Appeals · 1919
- United States Trust Co. v. TobiasNew York Supreme Court · 1888
- Webb v. . SweetNew York Court of Appeals · 1907
- Dengel v. BrownCourt of Appeals for the D.C. Circuit · 1893
- In re the Accounting of ThackerayNew York Surrogate's Court · 1947
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