Jackson ex dem. Bowman v. Christman
New York Supreme Court
This was an action of ejectment, tried at the Herkimer circuit in September, 1828, before the Hon. Nathan Williams, one of the circuit judges. The lessor of the plaintiff claims to recover an undivided one eighteenth of the low lands of lot No. 14 in the German Flatts patent, being an equal undivided third part of certain premises allotted to his brother Johannes on a partition, amongst six of the children of George Adam Bowman, the father of the lessor of the plaintiff.
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This was an action of ejectment, tried at the Herkimer circuit in September, 1828, before the Hon. Nathan Williams, one of the circuit judges. The lessor of the plaintiff claims to recover an undivided one eighteenth of the low lands of lot No. 14 in the German Flatts patent, being an equal undivided third part of certain premises allotted to his brother Johannes on a partition, amongst six of the children of George Adam Bowman, the father of the lessor of the plaintiff. George Adam Bowman made his last will and testament bearing date 18th February, 1785. The fourth clause of the will is in…
1Opinion of the Court
By the Court,
Sutherland, J.
The limitation over in the fourth clause of the will of George Adam Bowman is good and effectual by way of an executory devise ; and Johannes, one of the devisees, having died without heirs, his share of the estate vested in his surviving brothers in fee. This limitation is almost in the very words used by the testator in the *282case of Jackson v, Staats. (11 Johns. R. 338,) where it was held a good executory devise. The same point was adjudged in Fosdick v. Cornell, (1 Johns. R. 444,) and Moffat v. Strong, (10 Johns. R. 13,) and has been re-considered and Anally put…
2Cases cited1 opinion
- Fischli v. FischliIndiana Supreme Court · 1825
3Cited by39 opinions
- Jackson v. . JacksonNew York Court of Appeals · 1868
- Berberet v. BerberetSupreme Court of Missouri · 1895
- Woodruff v. HundleySupreme Court of Alabama · 1900
- Thornton's Executors v. Thornton's HeirsSupreme Court of Vermont · 1866
- Settle v. AlisonSupreme Court of Georgia · 1850
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