McLean v. . Swanton
New York Court of Appeals
Appeal from a judgment of the superior court of the city of New-York. The action was brought to recover the possession of a lot of land in that city.
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Appeal from a judgment of the superior court of the city of New-York. The action was brought to recover the possession of a lot of land in that city. The jury found a special verdict, from which it appeared that Robert Swanton, a citizen of the United States, died seized of the premises in the year 1840, having by his last will and testament devised them to Thomas Roycraft in fee, with a contingent limitation, to the effect that if Roycraft should die without issue, then the premises should go to four persons named, in certain shares. Roycraft died without issue, in 1846. The four executory…
1Opinion of the Court
Thomas Roycraft having died without issue, and the conditional limitation in favor of the four alien devisees having failed to take effect on account of their alienage, it is agreed that the land has descended to the heirs of Robert Swanton, if he left heirs, as in the case of intestacy. At the common law, the plaintiff, Mary, would have had two distinct obstacles to encounter in making title to the premises as heir of Robert Swanton. First. Her mother being alive, she, and not the plaintiff, would have been the nearest heir of the person last seized; and Secondly, her mother being in the…
2Cases cited5 opinions
- Lessee of Levy v. McCarteeSupreme Court of the United States · 1832
- McCreery's Lessee v. SomervilleSupreme Court of the United States · 1824
- Jackson ex rel. E. Doran v. GreenNew York Supreme Court · 1831
- People v. IrvinNew York Supreme Court · 1839
- Jackson ex dem. Elmendorf v. JacksonNew York Supreme Court · 1810
3Cited by6 opinions
- Luhrs v. . EimerNew York Court of Appeals · 1880
- Beavan v. WentIllinois Supreme Court · 1895
- McCormack v. . CoddingtonNew York Court of Appeals · 1906
- Stewart v. RussellAppellate Division of the Supreme Court of the State of New York · 1904
- People v. McClellanAppellate Division of the Supreme Court of the State of New York · 1907
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