Legal Opinion

Carter v. Hunt

New York Supreme Court

Decided September 7, 1863PublishedCited by 4 opinions

THIS was an action to recover the possession of a lot of land in the village of Seneca Falls, and was tried before the court, without a jury.

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THIS was an action to recover the possession of a lot of land in the village of Seneca Falls, and was tried before the court, without a jury. The judge found the following facts, viz: on the 30th day of November, 1849, Peter Miller, who was the owner of the premises in question, made his last will and testament in writing, and died May 17, 1852. By the fourth clause of his will he devised as follows: “ Fourthly, I give and devise to my son-in law, Jonathan Metcalf, the house and lot I now occupy in the village of Seneca Falls, known as the parsonage, to be used and enjoyed by him during the…

1Opinion of the Court

By the Court, Welles, J.

The will of Peter Miller gave a life estate in the premises in question to Jonathan Metcalf, with remainder in fee to his daughter Sophia. Whether such remainder was vested, or contingent, depending upon the fact of a sale by Jonathan, is one of the questions to-be considered. And this depends entirely upon the question whether the testator intended, in any-event, to confer upon him a power to sell and convey the premises in fee. If the will contains such a power, the remainder was clearly contingent; if not, it was vested, and upon the death of Jonathan and of Sophia,…

2Cited by4 opinions

  1. Bunting v. SpeekSupreme Court of Kansas · 1889
  2. Beckwith v. ThompsonWest Virginia Supreme Court · 1881
  3. Christie v. GageNew York Supreme Court · 1871
  4. Humphrey v. WinshipNew York Supreme Court · 1882

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