Greene v. Dennis
Supreme Court of Connecticut
This was an action of ejectment, for a tract of land in Pom-fret ; tried at Brooklyn, September term, 1825, before Bristol, J. The plaintiffs claimed title to the demanded premises, as the heirs at law of Sylvester Wickes; and the defendant, as the lessee of the Yearly Meeting of the people called Quakers, who claimed tobe the devisees of Wickes, andas the lessee of Rowland Greene, who claimed as residuary devisee.
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This was an action of ejectment, for a tract of land in Pom-fret ; tried at Brooklyn, September term, 1825, before Bristol, J. The plaintiffs claimed title to the demanded premises, as the heirs at law of Sylvester Wickes; and the defendant, as the lessee of the Yearly Meeting of the people called Quakers, who claimed tobe the devisees of Wickes, andas the lessee of Rowland Greene, who claimed as residuary devisee. To prove his title, the defendant exhibited in evidence the last will and testament of Wickes, dated the 17th of January, 1822. The clause of the will comprising the demanded…
1Opinion of the Court
Hosmer, Ch. J
The precise question to be determined, is, whether the Yearly Meeting, or Rowland Greene, in reference to the land in question, are the devisees of Sylvester Wickes. If they are not, the defendant, who founds himself on being their lessee, must fail in his defence.
Before entering on the enquiry, necessarily involved in the case, I will disembarrass it of some considerations urged by the defendant’s counsel.
It has been insisted, that if a bequest be for a charity, it matters not how uncertain the persons or objects may be ; or whether the devisee be a corporation capable in law of…
2Cases cited4 opinions
- Trustees of the Philadelphia Baptist Ass'n v. Hart's ExecutorsSupreme Court of the United States · 1819
- Hart v. ChalkerSupreme Court of Connecticut · 1824
- Sears v. DillinghamMassachusetts Supreme Judicial Court · 1815
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- Van Kleeck v. Ministers of the Reformed Dutch ChurchNew York Court of Chancery · 1837
- Bristol v. BristolSupreme Court of Connecticut · 1885
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