Vanderzee v. Slingerland
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made November 26, 1883, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term. This was an action for partition. The facts are sufficiently stated in the opinion.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made November 26, 1883, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term. This was an action for partition. The facts are sufficiently stated in the opinion. The second clause of the will devises the real estate — not a mere life estate— absolutely to his son Cornelius, subject to the proviso hereinafter contained. (Roseboom v. Roseboom, 15 Hun, 309.) Since the Revised Statutes this gives the fee without adding…
1Opinion of the CourtAndrews, J.
The sole question presented is whether Cornelius Vanderzee took under the will of his father, Har*52mon Vanderzee, an estate in fee-simple in the homestead farm, or a fee subject to a conditional limitation in favor of the four grandchildren of the testator, named in the will, in the event of the death of Cornelius without issue. The testator died m 1840. His son Cornelius entered under the devise and continued in possession of the farm until his death in 1876. The plaintiff Cornelius Vanderzee is one of the four grandchildren named in the will, and his right to maintain this action depends upon…
2Cases cited6 opinions
- Moore v. LyonsNew York Supreme Court · 1840
- Harris v. FlyNew York Court of Chancery · 1839
- Britton v. ThorntonSupreme Court of the United States · 1884
- Quackenbos v. . KingslandNew York Court of Appeals · 1886
- Kelly v. . KellyNew York Court of Appeals · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by95 opinions
- Baer v. HendricksNew York Court of Appeals · 1895
- Williams v. . JonesNew York Court of Appeals · 1901
- Avery v. . EverettNew York Court of Appeals · 1888
- Fowler v. DuhmeIndiana Supreme Court · 1896
- In Re the Accounting of RussellNew York Court of Appeals · 1901
90 more not listed; retrieve them via the Exa API.