Chrystie v. Phyfe
New York Court of Appeals
Appeal from the Supreme Court. Action to recover the possession of land. The plaintiffs claimed in the right of Mrs. Chrystie, under the will of her grandfather. The defendants held under a conveyance from Mrs. Chrystie’s mother, Mrs. Ludlow, and her husband. The provisions of the will and material facts are sufficiently stated in the following opinions.
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Appeal from the Supreme Court. Action to recover the possession of land. The plaintiffs claimed in the right of Mrs. Chrystie, under the will of her grandfather. The defendants held under a conveyance from Mrs. Chrystie’s mother, Mrs. Ludlow, and her husband. The provisions of the will and material facts are sufficiently stated in the following opinions. There was a special verdict, upon which Mr. Justice Mitchell ordered judgment for the plaintiffs, holding that Mrs. Chrystie upon the death of her mother, took a fee under the will. Upon appeal the court, at general term in the first…
1Opinion of the CourtStrong, J.
The lot of land in controversy between the parties to this action, is on the northerly side of Fulton street, in the city of Mew York. It was the property of the late Thomas Mackaness, at the date of his will and at the time of his death. The will was dated on the 15th of February, 1806, *346and he died shortly afterwards. The fourth, and, in this case, the only material clause of the will (although it may be proper to refer to some of its other provisions) is in the following words:
“ Fourth, I give and devise unto my said daughter, Margaret Thornton Mackaness, her heirs and assigns forever, my…
2Cases cited6 opinions
- Covenhoven v. ShulerNew York Court of Chancery · 1830
- Anderson v. JacksonNew York Supreme Court · 1819
- Rogers v. RogersCourt for the Trial of Impeachments and Correction of Errors · 1829
- Fosdick v. CornellNew York Supreme Court · 1806
- Jackson ex dem. Staats v. StaatsNew York Supreme Court · 1814
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hibernia National Bank v. . LacombeNew York Court of Appeals · 1881
- Stewart v. BalderstonSupreme Court of Kansas · 1872
- Klotz v. . AngleNew York Court of Appeals · 1917
- Courtright v. BurnesU.S. Circuit Court for the District of Western Missouri · 1881
- Crane v. KnubelThe Superior Court of New York City · 1873
3 more not listed; retrieve them via the Exa API.