Norton v. Norton
The Superior Court of New York City
This was a suit for the partition of lands in the city of New York, whereof Sarah Norton, the wife of John L. Norton, died seised in fee. Mr. Norton, one of the plaintiffs, claimed a life estate in the premises as tenant by the curtesy. The defendant, Samuel R. B. Norton, among other matters of defence, set up that J. L. N. had no estate, right or interest in the premises. The. case was brought to argument on the issues of law formed by the pleadings.
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This was a suit for the partition of lands in the city of New York, whereof Sarah Norton, the wife of John L. Norton, died seised in fee. Mr. Norton, one of the plaintiffs, claimed a life estate in the premises as tenant by the curtesy. The defendant, Samuel R. B. Norton, among other matters of defence, set up that J. L. N. had no estate, right or interest in the premises. The. case was brought to argument on the issues of law formed by the pleadings. It appeared that on the 7th day of November, 1S14, John L. Norton, by deed of that date, for a nominal consideration, granted, bargained, sold,…
1Opinion of the CourtSandford, J.
In 1814, the premises in question belonged to Mrs. Norton in fee, by devise from her father. Her husband, John L. Norton, was tenant by the curtesy initiate, in the premises. His conveyance to Mrs. Clinton, at the most affected his initiate life estate. It may have operated upon an interest extending beyond the life of his wife, but it was in no sense a conveyance in fee.
Every trustee is presumed to take an estate as large as is necessary for the purpose of his trust, and no larger estate, (a)
The purpose of this trust was, first, for Mrs. Norton; and second, to empower her through the…
2Cases cited1 opinion
- Nicoll v. WalworthNew York Supreme Court · 1847
3Cited by1 opinion
- Gibert v. PetelerNew York Supreme Court · 1862