Brant ex dem. Wilson v. Wilson
Court for the Trial of Impeachments and Correction of Errors
Ejectment for land in the town of Eye, in the county . .... r. of Westchester; tried at the circuit m -that county, Uctober, 1825; when a verdict was taken for the plaintiff, subject to the opinion of this court on the following case: On the 28th of April, 1812, Thomas Wilson being seised in fee of the premises in question, made his will and x -*• . devised them ,to his son Thomas M. Wilson m fee.
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Ejectment for land in the town of Eye, in the county . .... r. of Westchester; tried at the circuit m -that county, Uctober, 1825; when a verdict was taken for the plaintiff, subject to the opinion of this court on the following case: On the 28th of April, 1812, Thomas Wilson being seised in fee of the premises in question, made his will and x -*• . devised them ,to his son Thomas M. Wilson m fee. On the 2d of May, 1812, Thomas Wilson made a codicil reciting the devise to Thomas M., and declaring as follows : “That if .my son Thomas M. Wilson shall decease without leaving any male issue, the…
1Opinion of the Court
Curia, per Woodworth, J.
It is probable the testator intended, that in the event of Thomas M. dying without issue male, his widow and children should have the use of kalf the estate until the happening of a certain contingency, and that when that occurred the whole real estate should be divided between James, Elizabeth, and the children of Thomas M.; and that the use of the other half of the" premises, until the death or* marriage of the widow, should belong to James and Elizabeth. The question here is, whether the words of the codicil will, in judgment of laWj admit of carrying into effect…
2Cases cited3 opinions
- Nelson v. McGiffertNew York Court of Chancery · 1848
- Steele v. PriceCourt of Appeals of Kentucky · 1844
- Breathitt v. Whittaker's ExecutorsCourt of Appeals of Kentucky · 1848
3Cited by15 opinions
- Wetmore v. . ParkerNew York Court of Appeals · 1873
- In re Kathan's WillNew York Surrogate's Court · 1913
- Redfield v. . RedfieldNew York Court of Appeals · 1891
- Lane v. HillSupreme Court of New Hampshire · 1895
- Robertson v. Central Jersey Bank & Trust CompanyCourt of Appeals for the Third Circuit · 1995
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