Martin v. Ballou
New York Supreme Court
This action was brought for the recovery of the possession of real property situated in the county of Saratoga, by the plaintiffs as some of the heirs at law of Dutee Ballou deceased. The defendant set up as a defense, the will of Dutee Ballou, and claimed as devisee under it. The clauses in the will, under which it was claimed the devise was to be sustained, were as follows: “ First.
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This action was brought for the recovery of the possession of real property situated in the county of Saratoga, by the plaintiffs as some of the heirs at law of Dutee Ballou deceased. The defendant set up as a defense, the will of Dutee Ballou, and claimed as devisee under it. The clauses in the will, under which it was claimed the devise was to be sustained, were as follows: “ First. I give and devise to my sons all my real estate, together with the stock, and farming utensils, and hogsheads, barrels, boxes, that are in use or useful on the premises. The land to be divided as hereafter…
1Opinion of the Court
By the Court, C. L. Allen, J.
The. principal argument urged in support of the demurrer in this case is, that the will is entirely inoperative as a will of real estate, for the reason that the devises are made upon a condition which the testator has omitted fully to express. That the will was therefore never completed and does not declare the intention of the testator as to the disposition of his real estate, and that there are no legal means of supplying the omission and arriving at that intention. It is admitted that the devises contained in the first clause, standing alone, uncontradicted…
2Cases cited19 opinions
- Bartlet v. KingMassachusetts Supreme Judicial Court · 1815
- Vanhorne v. DorranceSupreme Court of the United States · 1795
- Finlay v. King's LesseeSupreme Court of the United States · 1830
- Fish v. HowlandNew York Court of Chancery · 1828
- Harris v. FlyNew York Court of Chancery · 1839
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3Cited by17 opinions
- Towle v. . RemsenNew York Court of Appeals · 1877
- Underhill v. Saratoga & Washington Rail RoadNew York Supreme Court · 1855
- Adams v. JohnsonSupreme Court of Pennsylvania · 1910
- Hinton v. . VinsonSupreme Court of North Carolina · 1920
- Burdis v. BurdisSupreme Court of Virginia · 1898
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