Mead v. . Mitchell
New York Court of Appeals
Appeal from the Supreme Court. The plaintiff Mead, in 1843, was the owner in fee simple as tenant in common with Mrs. Ellen Tooker, a widow, of the real estate known as No. 20 South-street, in the city of New-York.
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Appeal from the Supreme Court. The plaintiff Mead, in 1843, was the owner in fee simple as tenant in common with Mrs. Ellen Tooker, a widow, of the real estate known as No. 20 South-street, in the city of New-York. In October, 1844, Mrs. Tooker died, having by her will devised her real estate to William Mitchell in trust to receive the rents and profits and apply the same to the use of Mrs. Ellen T. C. Hudson, a married niece and sole heir at law of the testatrix, during her natural life, for her separate use; and after the death of Mrs. Hudson, in default of an appointment by her, to convey…
1Opinion of the CourtPratt, J.
It seemed to be conceded upon the argument that the interests of' the defendants William Henry Hudson and Catharine H. Robinson, were substantially the same as if the remainder had been limited to them directly, and not through the medium of a conveyance to them by the trustees. I shall therefore in the examination of the case, assume that they stand in the same relation to the other parties as if no conveyance was required by the terms of the will. The estates of the parties are, therefore, as follows:
The plaintiff has an estate in fee, as a tenant in common with the trustee, in an undivided…
2Cases cited3 opinions
- Spring v. SandfordNew York Court of Chancery · 1839
- Cheesman v. ThorneNew York Court of Chancery · 1833
- Hall v. WilesU.S. Circuit Court for the District of Southern New York · 1851
3Cited by59 opinions
- McArthur v. ScottSupreme Court of the United States · 1885
- Moore v. LittelNew York Court of Appeals · 1869
- Hale v. HaleIllinois Supreme Court · 1893
- In Re the Estate of FairCalifornia Supreme Court · 1901
- Head v. Amoskeag Manufacturing Co.Supreme Court of the United States · 1885
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