Griswold v. Perry
New York Supreme Court
This was an appeal by the defendants from a judgment entered on the referee’s report, in the plaintiff’s favor. The facts, as they appeared, were these, viz.: On the 13th August, 1854, John Eastland, of Bethany, in the county of Genesee, departed this life, leaving a last will, in and. by which he gave and devised to his daughters Elizabeth and Nancy, both of whom were non compos mentis, the income of a farm of land situate in said town, containing 105 acres, except so mucli…
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This was an appeal by the defendants from a judgment entered on the referee’s report, in the plaintiff’s favor. The facts, as they appeared, were these, viz.: On the 13th August, 1854, John Eastland, of Bethany, in the county of Genesee, departed this life, leaving a last will, in and. by which he gave and devised to his daughters Elizabeth and Nancy, both of whom were non compos mentis, the income of a farm of land situate in said town, containing 105 acres, except so mucli (so it was provided) as should be necessary for liis (the testator’s) support and maintenance during his natural life,…
1Opinion of the CourtMullin, P. J.
It is not necessary for us to determine whether the executors of the will of John Eastland took a fee by implication under said will in the land devised thereby, or whether they were clothed with a mere power in trust to sell said lands in the event the income therefrom was not sufficient to support the testator and his daughters, Elizabeth and Nancy, as in either case they had power to sell any part of the land described in the will only in the event the income proved insufficient for the support of said persons.
There is great hardship in requiring a liona fide purchaser for value, in order…
2Cases cited5 opinions
- Briggs v. . DavisNew York Court of Appeals · 1859
- Roseboom v. MosherNew York Supreme Court · 1846
- Barber v. . CaryNew York Court of Appeals · 1854
- Cleveland v. BoerumNew York Supreme Court · 1858
- Richardson v. SharpeNew York Supreme Court · 1859
3Cited by4 opinions
- Townshend v. GoodfellowSupreme Court of Minnesota · 1889
- Suarez v. De MontignyNew York Supreme Court · 1895
- Gardner v. DembinskyAppellate Division of the Supreme Court of the State of New York · 1900
- Wellbrock v. RoddyAppellate Division of the Supreme Court of the State of New York · 1915