Hatfield v. . Sneden
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial district, in favor of defendant, entered upon an order denying a motion and directing judgment on a verdict. (Reported below, 42 Barb., 615.) This was an action of ejectment to recover possession of certain premises situate in the towns of Castleton and North-field, Staten Island. Both parties claimed under Mary Wood.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the second judicial district, in favor of defendant, entered upon an order denying a motion and directing judgment on a verdict. (Reported below, 42 Barb., 615.) This was an action of ejectment to recover possession of certain premises situate in the towns of Castleton and North-field, Staten Island. Both parties claimed under Mary Wood. She died in January, 1854, seized of the premises in question, and leaving a last will and testament dated October 17, 1851, of which will the following are the provisions in question : “ First.…
1Opinion of the Court
Johnson, C.
Upon the true construction of the will of Mary Wood, the estate of her daughter was a fee determinable upon the happening of the events on which the devise to the plaintiff was to take effect. The language of the primary devise is to the daughter and her heirs forever. Then followed a clause which, in the event of the return to the county of the son of the testatrix (the son was supposed lost at sea), gave them the estate in equal shares. The testatrix further directed that if the daughter should never have any children, or a child living at her decease, if her son should not…
2Cases cited3 opinions
- Ransom v. . NicholsNew York Court of Appeals · 1860
- Hatfield v. SnedenNew York Supreme Court · 1864
- William v. WellerNew York Supreme Court · 1858
3Cited by23 opinions
- In re the Appraisal of the Estate of StarbuckAppellate Division of the Supreme Court of the State of New York · 1910
- First National Bank of Parkersburg v. JohnsWest Virginia Supreme Court · 1883
- Nickell v. TomlinsonWest Virginia Supreme Court · 1886
- Berkowitz v. BrownNew York Court of Common Pleas · 1893
- Neelly v. LancasterSupreme Court of Arkansas · 1886
18 more not listed; retrieve them via the Exa API.