Wood v. Mather
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee, in an action to recover the possession of real property. On the 7th of December, 1827, the premises in question, with other lands situated in Rochester, were conveyed to Ira West and his heirs, by deed of bargain and sale, in trust to pay Judith Wood during her natural life the income, rents and profits to arise from the land conveyed, and after her death to grant, release and convey the same land to her children…
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APPEAL from a judgment entered upon the report of a referee, in an action to recover the possession of real property. On the 7th of December, 1827, the premises in question, with other lands situated in Rochester, were conveyed to Ira West and his heirs, by deed of bargain and sale, in trust to pay Judith Wood during her natural life the income, rents and profits to arise from the land conveyed, and after her death to grant, release and convey the same land to her children surviving her and to the children of such of her children as might die before her; the grandchildren to take such…
1Opinion of the Court
By the Court, James C. Smith, J.
The principal question presented by the defendant’s appeal, which I propose first to consider, is whether the proceedings had in the court of chancery, for a sale of the premises in question, vested the purchaser, Joseph Strong, with any title or right of which the defendant, as his grantee, can avail himself under his answer in this action as defense, either legal or equitable, to the claim of Mrs. Anderson.
Mo question is made by either of the parties but that the deed to Ira West, which was executed in 1827, created a valid *477trust. And I understand all parties…
2Cases cited8 opinions
- Hawley & King v. JamesNew York Court of Chancery · 1835
- Cochran v. Van SurlayNew York Supreme Court · 1838
- Lawrence v. BayardNew York Court of Chancery · 1838
- Nodine v. GreenfieldNew York Court of Chancery · 1839
- Jackson ex dem. Simmons v. ChaseNew York Supreme Court · 1806
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hale v. HaleIllinois Supreme Court · 1893
- Johnston v. . SpicerNew York Court of Appeals · 1887
- Bowen v. ChaseSupreme Court of the United States · 1877
- Elvins v. SeestedtSupreme Court of Florida · 1940
- Adams v. SmithNew York Supreme Court · 1887
4 more not listed; retrieve them via the Exa API.