Learned v. Tallmadge
New York Supreme Court
THIS action was brought to recover the possession of two parcels of land, together containing about 240 acres, situate in the towns of Coeymans and Bethlehem, in the county of Albany. The facts which appeared upon the trial, are as follows : Francis Hicoll, who was the grandfather of J ohn L. Sill, died in 1817, seised and possessed of the lands in question, and other lands adjoining.
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THIS action was brought to recover the possession of two parcels of land, together containing about 240 acres, situate in the towns of Coeymans and Bethlehem, in the county of Albany. The facts which appeared upon the trial, are as follows : Francis Hicoll, who was the grandfather of J ohn L. Sill, died in 1817, seised and possessed of the lands in question, and other lands adjoining. He left a will, .which was duly proved on the 5th of January, 1818. The will contained the following devise: “I give and devise unto my grandson William B. Sill and Henry A. Oothout, Esquires, and their heirs,…
1Opinion of the Court
By the Court, Harris, J.
The purpose of Nicoll, the testator, in reference to the premises in question, is easily discerned. He intended that his grandson, Sill, should have every benefit which could be derived from their use, during his life, and the unrestricted disposition of them, at his death. All the power withheld was that of alienation during his life. Hence, the care with which he provided that Sill and his family should have the rents and profits of the property in the various contingencies to which they were subject. He went further, and authorized the trustees to impair the value…
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