Christie v. Gage
New York Supreme Court
This was a motion by the plaintiff for a new trial, on a case with exceptions ordered to be heard in the first instance at General Term. The action was brought to recover nine equal undivided thirtieths of an hundred acres of land in Middlesex, Yates county.
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This was a motion by the plaintiff for a new trial, on a case with exceptions ordered to be heard in the first instance at General Term. The action was brought to recover nine equal undivided thirtieths of an hundred acres of land in Middlesex, Yates county. The plaintiff claimed title as owner of the residuary Interests of certain heirs-at-law of Andrew Christie, Senior, deceased, and the defendant was in possession claiming from Andrew Christie, Junior, as devisee under the. will of the said Andrew Christie, Senior. Andrew Christie, Junior, died before the commencement of the action. Upon…
1Opinion of the CourtMullin, P. J.
The will of Andrew Christie went into effect before the Revised Statutes took: effect, and its pro* *141visions are not governed by those statutes. Before the passage of these statutes the law was conclusively settled that when there was a devisé to a person without naming his heirs, or containing other words of perpetuity, the devisees took a life estate only. (Charter v. Otis, 41 Barb., 525, and cases cited.)
The clause of the will which gives to the testator’s grandson, Andrew, the 100 acres in dispute, standing alone, contains no words of perpetuity, and hence he took a life estate only.
But in…
2Cases cited2 opinions
- Charter v. OtisNew York Supreme Court · 1862
- Carter v. HuntNew York Supreme Court · 1863
3Cited by1 opinion
- Waterman v. GreeneSupreme Court of Rhode Island · 1880