Olmsted v. Harvey
New York Supreme Court
This was an action of ejectment, tried at the Columbia circuit, in September, 1846, before Whiting, circuit judge ; who directed a verdict for the plaintiff subject to the opinion of the supreme court, on a case containing the following facts: The plaintiff is a daughter of Nathaniel Olmsted, who died in 1821, leaving a last will and testament, upon the construction of which the question in this case arises: and also leaving his widow, and four children, viz.
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This was an action of ejectment, tried at the Columbia circuit, in September, 1846, before Whiting, circuit judge ; who directed a verdict for the plaintiff subject to the opinion of the supreme court, on a case containing the following facts: The plaintiff is a daughter of Nathaniel Olmsted, who died in 1821, leaving a last will and testament, upon the construction of which the question in this case arises: and also leaving his widow, and four children, viz. Nathaniel, Joseph Washburn, Mary, and Anna. Nathaniel Olmsted, jun., died in 1835, and Joseph Washburn Olmsted died in 1837, and the…
1Opinion of the Court
By the Court, Barculo, J.
The plaintiff claims the one equal fourth part of the premises in question as heir at law of Nathaniel Olmsted the elder, on the ground that the devise of the mountain lot to Nathaniel Olmsted, jun., gave him but a life estate. The defendant contends that the latter took an estate in fee, which he conveyed, by the deed of 1826, to the defendant. The question, therefore, depends solely upon the construction to be given to the will. As the testator died before the revised statutes went into effect, the will must be interpreted by the rules of the common law prevailing…
2Cases cited2 opinions
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- Barheydt v. BarheydtNew York Supreme Court · 1838
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