Heermans v. . Robertson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, denying a motion for a new trial and directing judgment in favor of defendant upon an order nonsuiting plaintiff on trial. This was an action of ejectment, to recover possession of certain premises situate in Steuben county.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, denying a motion for a new trial and directing judgment in favor of defendant upon an order nonsuiting plaintiff on trial. This was an action of ejectment, to recover possession of certain premises situate in Steuben county. Plaintiff claimed title and a right to the possession under an instrument in writing, executed by Joseph Fellows, of which the following is a copy: “ Whereas, I, Joseph Fellows, of Corning, in the county of Steuben and State of Hew York, from infirmities and advanced age deem…
1DissentEarl, J.
In the view I take of this case, it will not be necessary to consider the force and effect or to determine the validity of the instrument executed by Fellows on the 15th day of October, 1868, and I will confine my attention to the prior instrument executed October tenth. I will first consider what Fellows intended by that instrument, and then whether that intention can have effect under our laws.
It was his evident intention to vest the title to all the property conveyed in the trustee. He had become old and infirm, and the management of his large estate, located in eight different States, had…
2Cases cited16 opinions
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
- Post v. . HoverNew York Court of Appeals · 1865
- Vernon v. . VernonNew York Court of Appeals · 1873
- Van Epps v. Van EppsNew York Court of Chancery · 1841
- Leggett v. . PerkinsNew York Court of Appeals · 1849
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