Trolan v. Rogers
New York Supreme Court
Appeal from circuit court, Jefferson county. Action by John C. Troian against Leroy S. Rogers. Plaintiff alleges that he is the owner for his own life and entitled to the possession of an undivided one-fourth of certain real estate in the village of Antwerp.
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Appeal from circuit court, Jefferson county. Action by John C. Troian against Leroy S. Rogers. Plaintiff alleges that he is the owner for his own life and entitled to the possession of an undivided one-fourth of certain real estate in the village of Antwerp. Defendant admits that he is in possession, and denies all the other allegations of the complaint, and alleges that he is the owner in fee of the entire property under a warranty deed given to him by Julia Wiggins on the 8th day of April, 1875. From a judgment entered on a nonsuit, and from an order denying a motion for a new trial,…
1Opinion of the CourtMerwin, J.
The property in question was owned by William Gill at the time of his death, on the 2d January, 1857. He left a widow, Hannah Gill, and two children, Julius Gill and Julia Wiggins, the wife of Sullivan G. Wiggins. By his will, as construed by this court, his widow had a life estate in the whole property. At her death the two children had each the use during life of the one-half in severalty, and at the death of either the half that the party dying was entitled to the use of passed absolutely to his or her children. It was said that the fee vested in the grandchildren at the testator’s death.…
2Cases cited8 opinions
- Van Renesselaer v. KearneySupreme Court of the United States · 1851
- Thompson v. . SimpsonNew York Court of Appeals · 1891
- Stacy v. Thrasher Ex Rel. SellersSupreme Court of the United States · 1848
- Mygatt v. . CoeNew York Court of Appeals · 1894
- Tefft v. . MunsonNew York Court of Appeals · 1874
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3Cited by3 opinions
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