Barheydt v. Barheydt
New York Supreme Court
Appeal from chancery. Jacobus Barheydt and others, heirs at law of John I. Barheydt, filed a bill in chancery for the partition of certain premises, which had been devised by the ancestor to his grandson John, the son of his son John, the appellant in this cause; the complainants below contending that the devise to the grandson gave a mere life estate, and that the devisee having died, the property had descended to the heirs at law of the testator.
Read the full summary
Appeal from chancery. Jacobus Barheydt and others, heirs at law of John I. Barheydt, filed a bill in chancery for the partition of certain premises, which had been devised by the ancestor to his grandson John, the son of his son John, the appellant in this cause; the complainants below contending that the devise to the grandson gave a mere life estate, and that the devisee having died, the property had descended to the heirs at law of the testator. The ancestor, on the 29th March, 1808, made his last will and testament, whereby, after declaring his intent to dispose of such worldly estate as…
1Opinion of the Court
After advisement, the following opinion was delivered :
By Chief Justice Nelson.
The point in this case turns mainly upon the devises to John the son, and John .the grandson, and involves the question what quantity of interest the grandson took in the moiety of the farm devised to him—whether an estate for life, or an estate in fee ? If the latter, as he died without issue, and the estate coming from his paternal ancestor, it would go to his father, the appellant, under the third canon of descents; but if he took only a life estate, it must descend to the heirs of the testator.
The general rule…
2Cited by6 opinions
- Lynes v. . TownsendNew York Court of Appeals · 1865
- Donohue v. DonohueSupreme Court of Kansas · 1894
- Van Derzee v. Van DerzeeNew York Supreme Court · 1859
- Olmsted v. HarveyNew York Supreme Court · 1847
- Vanderwerker v. VanderwerkerNew York Supreme Court · 1849
1 more not listed; retrieve them via the Exa API.