Brownson v. Gifford
New York Supreme Court
The complaint'states, that, on the 14th of April, 1850, William Adams died, leaving a will whereby, after devising to three of his daughters, specific lots of land, he made the following residuary disposition of his estate: “ As to all the rest, residue and remainder of my estate, both real and personal, I give, devise- and bequeath the same to my executors, and to their heirs and assigns forever, in trust, nevertheless, for the use and benefit of my several children, to…
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The complaint'states, that, on the 14th of April, 1850, William Adams died, leaving a will whereby, after devising to three of his daughters, specific lots of land, he made the following residuary disposition of his estate: “ As to all the rest, residue and remainder of my estate, both real and personal, I give, devise- and bequeath the same to my executors, and to their heirs and assigns forever, in trust, nevertheless, for the use and benefit of my several children, to wit: Jane Ann, the wife of David Derrick, Elizabeth, the wife of Ebenezer Gifford, Maria, the wife of William Weaver,…
1Opinion of the Court
Harris, Justice.
The devise to the executors for the mere purpose of making partition, was not sufficient to vest the title in them as trustees. They are entitled to neither the possession nor the profits of the land, and, where this is the case, no estate vests. (1 R. S. 728, § 49;) Boynton agt. Hoyt, (1 Denio, 53;) De Peyster agt. Clendening, (8 Paige, 304.) Except the share of John Adams, which, by a subsequent provision in the will, is vested in the trustees, the estate vested in the testator’s children, subject to the execution of the power to make parti*392tion. Thus, though the devise to…
2Cases cited7 opinions
- Bowers v. SmithNew York Court of Chancery · 1843
- De Peyster v. ClendiningNew York Court of Chancery · 1840
- Boynton v. HoytCourt for the Trial of Impeachments and Correction of Errors · 1845
- Grant v. SchoonhovenNew York Court of Chancery · 1841
- Snyder v. SnyderNew York Supreme Court · 1848
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hammond v. Hudson River Iron & Machine Co.New York Supreme Court · 1855
- Hoagland v. Van EttenNebraska Supreme Court · 1888
- In re Vandervort's EstateNew York Supreme Court · 1892
- Tew v. WolfsohnAppellate Division of the Supreme Court of the State of New York · 1902
- Richtmyer v. RichtmyerNew York Supreme Court · 1867
6 more not listed; retrieve them via the Exa API.