In re Heller
New York Court of Chancery
This was a petition on the part of the trustees of a school district to compromise a claim against an idiot for pulling down a school house; for which claim they had brought a suit against him at law. Jacob Heller, the elder, died about 30 years since, seised of a farm in the town of Bethlehem. By'his will he gave to his son Baltus ah his real and personal estate in fee; provided Jacob Heller, the brother of Baltus, had no child who should arrive at the age of twenty-one.
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This was a petition on the part of the trustees of a school district to compromise a claim against an idiot for pulling down a school house; for which claim they had brought a suit against him at law. Jacob Heller, the elder, died about 30 years since, seised of a farm in the town of Bethlehem. By'his will he gave to his son Baltus ah his real and personal estate in fee; provided Jacob Heller, the brother of Baltus, had no child who should arrive at the age of twenty-one. But if-he had such child or children, then the one half was to go to the first, or oldest son at twenty-one; and if there…
1Opinion of the Court
The Chancellor.
Situated as the legal title to this property was at the time the school house was destroyed, it is doubtful whether an action at law could have been sustained against the person who did the injury. The legal title to one half of the lot was in Heller, under the will of his grand father, as soon as he attained the age of twenty-one. The deed of 1807, gave the grantees only one half of the property in fee, and the other half until the idiot arrived at the age of twenty-one. At that time he became entitled to one half of the land j and to one half of the school house which had…
2Cited by19 opinions
- Scott v. . GuernseyNew York Court of Appeals · 1871
- Carter v. . BeckwithNew York Court of Appeals · 1891
- Matter of Application of OtisNew York Court of Appeals · 1886
- Grant v. HumbertAppellate Division of the Supreme Court of the State of New York · 1906
- Robertson v. LainNew York Supreme Court · 1839
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