Provoost v. . Calyer
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of defendants, entered upon a decision of the court at Special Term. This was an action of ejectment to recover an undivided interest in certain premises in Brooklyn.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of defendants, entered upon a decision of the court at Special Term. This was an action of ejectment to recover an undivided interest in certain premises in Brooklyn. Peter Calyer died in December, 1804, seized of the premises in question and leaving a will, and seven children him surviving, of which will the following is a copy: “ In the name of God, amen: I, Peter Calyer, of the town of Bushwick, county of Kings, and State of Kew York, this 9th day of November,…
1Opinion of the Court
Church, Ch. J.
The principal question in this case is whether, under the will of Peter Calyer, senior, the children of his son Peter took a remainder in fee or only a life estate in the premises devised to the son. The particular clause in the will is as follows: “ Item. I give and bequeath unto my son Peter, all that part of my farm lying on the south and east side of the land I now have bequeathed to my son Jacobus; also a lot of salt, meadow adjoining the ditch as it is now staked out; also, grant to Peter a wagon road across the lands I have bequeathed to my son Jacobus, to pass and repass…
2Cases cited5 opinions
- Scott v. . GuernseyNew York Court of Appeals · 1871
- Vernon v. . VernonNew York Court of Appeals · 1873
- Rogers v. RogersCourt for the Trial of Impeachments and Correction of Errors · 1829
- Jackson ex dem. Hunt v. LuquereNew York Supreme Court · 1825
- Robinson v. WileyNew York Court of Appeals · 1857
3Cited by4 opinions
- Schult v. . MollNew York Court of Appeals · 1892
- Clark v. KittenplanNew York Supreme Court · 1909
- Heck v. VolzNew York Supreme Court · 1888
- Kelley v. HoganAppellate Division of the Supreme Court of the State of New York · 1902