Legal Opinion

Ferris v. Gibson

New York Court of Chancery

Decided October 29, 1846PublishedCited by 2 opinions

Bill for specific performance and the goodness of title to the premises sold, being No. 162, Spring street, New York, dependent on clauses in the will of George Wragg. The will was made on the thirty-first day of January one thousand eight hundred and twenty-five; and che testator had died and his will was proved in the same year. The following are such clauses: “ Item.

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Bill for specific performance and the goodness of title to the premises sold, being No. 162, Spring street, New York, dependent on clauses in the will of George Wragg. The will was made on the thirty-first day of January one thousand eight hundred and twenty-five; and che testator had died and his will was proved in the same year. The following are such clauses: “ Item. I give and devise to my grand-daughter Hannah Barrahclough, the daughter of William Barrahclough, by my daughter Hannah his late wife, now deceased, the three following houses and lots of ground in the eighth ward of the city…

1Opinion of the Court

The Vice-Chancellor :

The will in. question was made and took effect, by the death of the testator, anterior to the revised statutes. Of course, it is governed by the *709rules of law as they existed before and not by such statutes.

This will, in the first place, devises the property in question to the grand-daughter Hannah, now Mrs. Ferris, “her heirs and assigns to her and their sole and only use for ever.” This is as absolute a devise in fee as words can express. But in the next clause of the will are these words: “And in case my said grand-daughter shall die without leaving lawful issue, then…

2Cited by2 opinions

  1. McRee's Adm'rs v. MeansSupreme Court of Alabama · 1859
  2. Proprietors of the Church in Brattle Square v. GrantMassachusetts Supreme Judicial Court · 1855

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