Jackson ex dem. Ellsworth v. Jansen
New York Supreme Court
THIS was an action of ejectment, for a house and lot in Kingston. A verdict was taken for the plaintiff, subject to the opinion of the court, on the following William Ellsworth, the father of the plaintiff, was 7 J 7 seised in fee of the premises in possession of the de- \ fendant, and died seised, on the 20th October^ 1799^ leaving the lessor, his only child, and heir at law.
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THIS was an action of ejectment, for a house and lot in Kingston. A verdict was taken for the plaintiff, subject to the opinion of the court, on the following William Ellsworth, the father of the plaintiff, was 7 J 7 seised in fee of the premises in possession of the de- \ fendant, and died seised, on the 20th October^ 1799^ leaving the lessor, his only child, and heir at law. It appeared, that William Ellsworth, in his life-time, on the 15th July, 1796, made a will, which was duly executed, and which remained unrevoked at his death. 7 e e The will contained the following clauses : “ I do…
1Per curiam
It is unnecessary, at present, to take notice of the first point which was raised and argued in this case, because, if it were to be admitted, that a power to sell, unaccompanied with a devise of an interest in the land, will survive, the intent of the testator is here apparent, that the sale by his executors should be made in the life-time of his wife. The intent is much regarded in the construction of these powers; and from several of the cases it would seem, that the power was construed with greater or less latitude, as would best meet this intent. After giving the power to sell, the…
2Cited by8 opinions
- Sweeney v. . WarrenNew York Court of Appeals · 1891
- Morton v. MortonNew York Supreme Court · 1850
- Dartmouth College v. WoodwardSupreme Court of the United States · 1819
- Sharpsteen v. TillouNew York Supreme Court · 1824
- Hodge v. MackintoshMassachusetts Supreme Judicial Court · 1924
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