Fosdick v. Cornell
New York Supreme Court
THIS was an action of trespass, originally commenced before a justice of the peace, in which a plea oí title was put in, and was afterwards removed from the court of common pleas °f Queens County, by habeas corpus, to this court.
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THIS was an action of trespass, originally commenced before a justice of the peace, in which a plea oí title was put in, and was afterwards removed from the court of common pleas °f Queens County, by habeas corpus, to this court. By the pleadings the title to the freehold was put at issue between \ the parties; and the cause was tried at the circuit, held m Queens County, on the 25th September, 1805, before Mr. Justice Livingston, when a verdict was taken for the plaintiffs, subject to the opinion of the court on the following case. . The locus in quo was a tract of meadow and beach, at e 1…
1Opinion of the CourtThompson, J.
delivered the opinion of the court.—The determination of this question, will depend on the interpretation to be given to the devise over to the surviving devisees : if this were to take effect only on an indefinite failure of male issue, William took only an estate-tail. But if, from the context, or tlie whole will taken together, it may be construed to take effect on the failure of male issue, during the life of the first taker, or, as applied to the present case, during the life of William, the devise over is good as an executory devise, and will not in any way affect, or qualify the prior…
2Cited by25 opinions
- Gilman v. . ReddingtonNew York Court of Appeals · 1861
- Jackson ex dem. Burhans v. BlanshanNew York Supreme Court · 1808
- Chrystie v. . PhyfeNew York Court of Appeals · 1859
- McWilliams v. RamsaySupreme Court of Alabama · 1853
- Sherman v. ShermanNew York Supreme Court · 1848
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