Van Horne v. . Campbell
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, made the first Tuesday of May, 1883, which reversed a judgment in favor of Jane Van Horne, the original plaintiff herein, entered upon a decision of the court on trial at Special Term. This was an action of ejectment. The material facts are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the third judicial department, made the first Tuesday of May, 1883, which reversed a judgment in favor of Jane Van Horne, the original plaintiff herein, entered upon a decision of the court on trial at Special Term. This was an action of ejectment. The material facts are stated in the opinion. When after a devise or bequest in language denoting an absolute gift of the whole estate in fee there is, in a subsequent part of the same will, a limitation over in the event of the first devisee dying under age and without issue, the gifts…
1Opinion of the CourtAndrews, J.
The original plaintiff, Jane Van Horne,
claimed title to the premises in controversy, under Henry V. Fonda, one of the sons of Jellis Fonda, who died seized of the premises in 1791, leaving a widow and two sons and three daughters surviving him. The title of Henry V. Fonda depended upon the validity of a devise over in the will of Jellis Fonda. Jellis Fonda, in his will, devised a parcel of land containing about fourteen acres, including the lot in question, to his wife, Jannettie, for life, remainder to his son Douw, his heirs and assigns, forever. He devised another parcel, under a similar…
2Cases cited13 opinions
- Ide v. IdeMassachusetts Supreme Judicial Court · 1809
- Terry v. . WigginsNew York Court of Appeals · 1872
- Smith v. . Van OstrandNew York Court of Appeals · 1876
- Campbell v. . BeaumontNew York Court of Appeals · 1883
- Norris v. . BeyeaNew York Court of Appeals · 1855
8 more not listed; retrieve them via the Exa API.
3Cited by81 opinions
- Leggett v. . FirthNew York Court of Appeals · 1892
- Law v. DouglassSupreme Court of Iowa · 1899
- Collins v. WickwireMassachusetts Supreme Judicial Court · 1894
- Becker v. RothCourt of Appeals of Kentucky · 1909
- Crozier v. . BrayNew York Court of Appeals · 1890
76 more not listed; retrieve them via the Exa API.