Moore v. Lyons
New York Supreme Court
Error from the supreme court. Betsey Lyons brought an action of ejectment against James Moore, for the recovery of the moiety of a house and lot in the city of Hew-York, which she claimed under a devise in the will of Cornelius Clopper, duly made and published in 1796. The clause in the will under which the plaintiff claimed is in these words: “I give and devise unto the said negro-woman Mary, my dwelling house and lot of ground, situate, &c., (particularly describing the…
Read the full summary
Error from the supreme court. Betsey Lyons brought an action of ejectment against James Moore, for the recovery of the moiety of a house and lot in the city of Hew-York, which she claimed under a devise in the will of Cornelius Clopper, duly made and published in 1796. The clause in the will under which the plaintiff claimed is in these words: “I give and devise unto the said negro-woman Mary, my dwelling house and lot of ground, situate, &c., (particularly describing the lot.) To have and to hold the same unto her, the said Mary, for and during her natural life ; and from and after her…
1Opinion of the Court
The following opinion was delivered in the supreme court:
By the Court,
Nelson,.C. J.
The remainders to the children of Mary were clearly not vested, but were contingent, as they went to the survivor : who this might be was altogether uncertain. The counsel for the defendant • concedes the case to the plaintiff, unless he can maintain that the clause of survivorship referred to the event of the death of the testator. Such a con’elusion would conflict with the plain intent of the will. The premises were given to Mary for life, and after her decease to the three daughters, the *93survivors or…
2Cases cited3 opinions
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
- Jackson ex dem. Varick v. WaldronCourt for the Trial of Impeachments and Correction of Errors · 1834
- Jackson ex dem. Gatfield v. StrangThe Superior Court of New York City · 1828
3Cited by168 opinions
- McArthur v. ScottSupreme Court of the United States · 1885
- Coolidge v. LongSupreme Court of the United States · 1931
- Doe v. ConsidineSupreme Court of the United States · 1868
- Connelly v. . O'BrienNew York Court of Appeals · 1901
- Vanderzee v. SlingerlandNew York Court of Appeals · 1886
163 more not listed; retrieve them via the Exa API.