Maynard v. Maynard
New York Court of Chancery
Bill filed for the partition of certain real estate in the town of Harrison, Westchester county. The plaintiff was the widow of Jeremiah Maynard, deceased, who had devised to her (by his will) a life estate in one-third of his estate and to his three children who were infants, the residue of his property.
Read the full summary
Bill filed for the partition of certain real estate in the town of Harrison, Westchester county. The plaintiff was the widow of Jeremiah Maynard, deceased, who had devised to her (by his will) a life estate in one-third of his estate and to his three children who were infants, the residue of his property. Three adult defendants, Rebecca, Hannah and Esther Maria Maynard, were the sisters'ef the testator Jeremiah Maynard; and they were made parties as having or claiming some interest in or lien upon the property sought to be partitioned. Jeremiah derived title to the property by a deed from his…
1Opinion of the Court
By the Court. McCoun, Justice :
The question .is, what effect, if any, have the words in the deed in favor of the grantor’s three daughters, and what rights have they acquired under the deed ?
At common law, the words would have no force or effect as an exception, because an exception in a deed must always be of a part of the thing granted. It must be of something that already exists and not of any thing that is to arise or accrue afterwards. It cannot be of an inseparable incident, but must be of such a thing as is severable from that which is granted : Shep. Touch. Prest, ed. 78,80 ; Coke…
2Cases cited1 opinion
- Case v. HaightCourt for the Trial of Impeachments and Correction of Errors · 1829
3Cited by7 opinions
- Burns v. BastienSupreme Court of Oklahoma · 1935
- Jacobs v. MillerMichigan Supreme Court · 1883
- Martin v. CookMichigan Supreme Court · 1894
- Borst v. . EmpieNew York Court of Appeals · 1851
- Boston Clothing Co. v. SolbergWashington Supreme Court · 1902
2 more not listed; retrieve them via the Exa API.