Post v. . Hover
New York Court of Appeals
Appeal from the judgment of the Supreme Court. The plaintiffs, being two of the heirs-at-law of John Hover, deceased, brought this action "to determine the construction of his will, and to obtain such relief as they might be entitled to.
Read the full summary
Appeal from the judgment of the Supreme Court. The plaintiffs, being two of the heirs-at-law of John Hover, deceased, brought this action "to determine the construction of his will, and to obtain such relief as they might be entitled to. The testator made his will in 1852, and died in 1857". After directing the payment of his debts out .of personal estate, he proceeds, in the second clause, as follows: “ I give, devise and bequeath unto my three grand-children, viz.: Erastus Hover, Mary Elizabeth Hover and John Hover, infant children of my son Peter, all that part of my homestead farm, so as…
1Opinion of the Court
Denio, Ch. J.
The Supreme Court considered that by the terms of the will there was a devise in trust by implication of that part of the homestead farm described in the second clause to John Hover; and that, as the trust term was to continue during the minorities of the three grandchildren, the devise was void as creating an illegal perpetuity. But it was held that by rejecting this void devise there would remain a direct and immediate devise in fee to the grandchildren, subject, of course, to be defeated by the happening of the event by which the executory limitations were to take effect, and…
2Cases cited7 opinions
- Bowers v. SmithNew York Court of Chancery · 1843
- De Peyster v. ClendiningNew York Court of Chancery · 1840
- Gott v. CookNew York Court of Chancery · 1839
- Haxtun v. CorseNew York Court of Chancery · 1848
- De Kay v. Irving & De KayCourt for the Trial of Impeachments and Correction of Errors · 1846
2 more not listed; retrieve them via the Exa API.
3Cited by93 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Chipman v. . MontgomeryNew York Court of Appeals · 1875
- Wager v. . WagerNew York Court of Appeals · 1882
- Monarque v. . MonarqueNew York Court of Appeals · 1880
- Chamberlain v. . TaylorNew York Court of Appeals · 1887
88 more not listed; retrieve them via the Exa API.