Sage v. Wheeler
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Philip II. Sage and another, from an interlocutory judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Lewis on the 28th day of September, 1895, upon the decision of the court rendered after a trial at the Onondaga Special Term.
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Appeal by the plaintiffs, Philip II. Sage and another, from an interlocutory judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Lewis on the 28th day of September, 1895, upon the decision of the court rendered after a trial at the Onondaga Special Term. The action was brought to partition certain lands situated in Lewis county described in the complaint, and for a sale of the same in case actual. partition could not be had without material in jury to the interests of the parties. Issues of fact were brought to trial at a Special Term…
1Opinion of the Court
Hardin, P. J.:
To determine the question presented by this appeal it is important ■to ascertain the intention of the testator in the use of the language found in the fifth clause of his will.
By the provisions of the Revised Statutes (Vol. 1, p. 722) it is provided in section 7, viz.: “Estates, as respects the time of their enjoyment, are divided into estates in possession and estates in expectancy.
■ “ § 8. An estate in possession is where the owner has an immediate right ’ to the possession of the land. An estate in expectancy is where the. right to the possession is postponed to a future…
2Cases cited8 opinions
- Moore v. LyonsNew York Supreme Court · 1840
- Warner v. . DurantNew York Court of Appeals · 1879
- Scott v. . GuernseyNew York Court of Appeals · 1871
- Vanderzee v. SlingerlandNew York Court of Appeals · 1886
- Shipman v. . RollinsNew York Court of Appeals · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Connelly v. . O'BrienNew York Court of Appeals · 1901
- Staples v. MeadAppellate Division of the Supreme Court of the State of New York · 1912
- In re the Estate of GreenslittNew York Surrogate's Court · 1937
- In re the Estate of GoetzNew York Surrogate's Court · 1942
- Roosa v. HarringtonNew York Supreme Court · 1900
6 more not listed; retrieve them via the Exa API.