Jackson ex dem. Herkimer v. Billinger
New York Supreme Court
EJECTMENT for land, in German Flats, in the County of Herkimer. Hanjost Herkimer, the elder, being seized of J . ’ , the premises m question, made his will, on the 5tb April, 1771. After declaring that his wife should remain “sole and absolute mistress of whatever estate he might die possessed, both real and personal, during her natural life,” he devised as follows: “ my will and pleasure is, that my son have the farm which I now live upon, together with one hundred acres…
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EJECTMENT for land, in German Flats, in the County of Herkimer. Hanjost Herkimer, the elder, being seized of J . ’ , the premises m question, made his will, on the 5tb April, 1771. After declaring that his wife should remain “sole and absolute mistress of whatever estate he might die possessed, both real and personal, during her natural life,” he devised as follows: “ my will and pleasure is, that my son have the farm which I now live upon, together with one hundred acres adjoining thereto, in the hew patent(together with some articles of personal property specified, viz. wearing apparel,…
1Opinion of the Court
Spencer, Ch. 3.
delivered the opinion of the Court. The plaintiff claims to recover on the ground that he is the next heir of the testator, of the name of Herkimer, had the *381rules of descent remained unaltered ; and that the devise over, on the contingency of John’s dying unmarried and without issue, operates as an executory devise. If he fails in establishing this construction, then he claims that both the lessors are entitled to portions of the estate as heirs of John, and this latter position is conceded.
On the part of the defendant, it is contended, that the devise to John created an estate…
2Cited by11 opinions
- Masterson v. . TownshendNew York Court of Appeals · 1890
- Taylor v. HarwellSupreme Court of Alabama · 1880
- Wilson v. WilsonNew York Supreme Court · 1860
- Hawes v. KepleyIndiana Court of Appeals · 1902
- Whitney v. WhitneyNew York Supreme Court · 1892
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