Leonard v. . Burr
New York Court of Appeals
Affe>' 1j from the Supreme Court. The action was Brough in July, 1853, to recover the possession of a parcel of land situate in GHoversville, Fulton county, and was tried before the court, without a jury, in September, 1853, when the following facts were found: The plaintiff, Susan Leonard, is the wife of the plaintiff, Abner Leonard, and the mother and only heir at law of Sidney S. Mills Mills was, in his lifetime, and at his death, seized in fee and possessed of the…
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Affe>' 1j from the Supreme Court. The action was Brough in July, 1853, to recover the possession of a parcel of land situate in GHoversville, Fulton county, and was tried before the court, without a jury, in September, 1853, when the following facts were found: The plaintiff, Susan Leonard, is the wife of the plaintiff, Abner Leonard, and the mother and only heir at law of Sidney S. Mills Mills was, in his lifetime, and at his death, seized in fee and possessed of the premises described in the complaint, and died on the 8th of April, 1842, leaving a will, which was proved and recorded as a…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The devise to Bailey is, by the terms of it, "until Gloversville shall be incorporated as a village." These words are part of the devise itself. The use of the land, which imports the land, is given to him until the happening of that event. The event was contingent when the will was made, and at the death of the testator. Had the will stopped here, in respect to a disposition of this land, no one would doubt that the estate of Bailey would have been limited in…
2Cases cited3 opinions
- Anderson v. JacksonNew York Supreme Court · 1819
- Lion ex dem. Eden v. BurtissNew York Supreme Court · 1823
- Wilkes v. Lion ex dem. EdenCourt for the Trial of Impeachments and Correction of Errors · 1823
3Cited by33 opinions
- Levy v. . LevyNew York Court of Appeals · 1865
- First Universalist Society of North Adams v. BolandMassachusetts Supreme Judicial Court · 1892
- Dana v. . MurrayNew York Court of Appeals · 1890
- Danforth v. City of OshkoshWisconsin Supreme Court · 1903
- First Reformed Dutch Church v. CroswellAppellate Division of the Supreme Court of the State of New York · 1924
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