Jackson ex dem. Brewster v. Bull
New York Supreme Court
THIS was an action of ejectment, for lands in JVallkill, in Orange county. The cause was tried at the Orange circuit m September, 1811, before the Chief Justice, when a verdict was taken for the plaintiff, subject to the opinion of the court on a case containing the following facts: Charles Bull died seised of the premises in question.
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THIS was an action of ejectment, for lands in JVallkill, in Orange county. The cause was tried at the Orange circuit m September, 1811, before the Chief Justice, when a verdict was taken for the plaintiff, subject to the opinion of the court on a case containing the following facts: Charles Bull died seised of the premises in question. By his last will, he devised to his son Moses, and to his heirs and assigns for ever, the lot bought of James Young; also the one half of his right in the bog meadow, &c. and also bequeathed to him 500 dollars, to be paid to him on his coming of age. To Ms son…
1Per curiam
The limitation over must be considered void. Whether it would have been void, as applying to an indefinite failure of issue by means of which the devisee would take an estate tail, (with us is turned into an estate in fee,) is a question we need not now discuss, for it is void oh another ground, as being repugnant to an absolute control over the estate which the testator intended to give. The testator gives the estate to Moses, his heirs and assigns, and then “ in case my said son Moses should die without lawful issue, the property he diedpossesed of, I will,” &c. The case of The…
2Cited by50 opinions
- Van Horne v. . CampbellNew York Court of Appeals · 1885
- Campbell v. . BeaumontNew York Court of Appeals · 1883
- Leggett v. . FirthNew York Court of Appeals · 1892
- Gifford v. ChoateMassachusetts Supreme Judicial Court · 1868
- Collins v. WickwireMassachusetts Supreme Judicial Court · 1894
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