Legal Opinion

Moore v. Lyons

New York Supreme Court

Decided December 15, 1840PublishedCited by 168 opinions

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…

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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

  1. Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
  2. Jackson ex dem. Varick v. WaldronCourt for the Trial of Impeachments and Correction of Errors · 1834
  3. Jackson ex dem. Gatfield v. StrangThe Superior Court of New York City · 1828

3Cited by168 opinions

  1. McArthur v. ScottSupreme Court of the United States · 1885
  2. Coolidge v. LongSupreme Court of the United States · 1931
  3. Doe v. ConsidineSupreme Court of the United States · 1868
  4. Connelly v. . O'BrienNew York Court of Appeals · 1901
  5. Vanderzee v. SlingerlandNew York Court of Appeals · 1886

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