Edwards v. . Bishop
New York Court of Appeals
Edwards brought ejectment against Bishop, in the supreme court, to recover a tract of land in Columbia county, called the “ Bartlett lot,” and so described in the will of Nathaniel Olmstead, sen. who died in 1821, leaving four children, Nathaniel, jr. Joseph Washburn, Anna and Mary.
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Edwards brought ejectment against Bishop, in the supreme court, to recover a tract of land in Columbia county, called the “ Bartlett lot,” and so described in the will of Nathaniel Olmstead, sen. who died in 1821, leaving four children, Nathaniel, jr. Joseph Washburn, Anna and Mary. By the will he gave to his wife, Sylvia, the use and occupancy of the Bartlett lot during her widowhood, but at her decease, to be “ equally divided” between his sons Nathaniel Olmstead, jr. and Joseph Washburn Olmstead. The devise had no words of inheritance. On the trial the plaintiff deduced title from the sons…
1Opinion of the Court
Gardiner J.
The testator, Nathaniel Olmstead, senior, after a previous devise to his wife during her widowhood, directs that “ at her death, the above lands and buildings are to be equally divided between his sons, Nathaniel Olmstead, jr. and Joseph W. Olmstead. The question is whether the sons took a fee in the lands there referred to, of which the premises in question are a part. If the entire premises had been devised to Nathaniel, without words of limitation, he would have taken an estate for [63] life. We so decided in Harvey v. Olmstead, 1 Comstock, 483, in giving a construction to this…
2Cases cited1 opinion
- Ricard v. WilliamsSupreme Court of the United States · 1822
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