Legal Opinion

Van Der Volgen v. . Yates

New York Court of Appeals

Decided December 5, 1853PublishedCited by 6 opinions

On the 27th of April, 1790, Nicholas Van der Volgen owned a lot in Schenectady-, the land out of which this controversy arose.

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On the 27th of April, 1790, Nicholas Van der Volgen owned a lot in Schenectady-, the land out of which this controversy arose. On that day, by indenture of release reciting that the releasees were in possession of the premises “ by virtue of a bargain and sale to them thereof made for one whole year, by indenture bearing date the day next before the day of the date of these presents, and by force of the ■statute for transferring uses into' possession,” and in consideration of ¿£100 paid by the releasees, he released the premises to Robert Alexander and seven other persons named, of whom…

1Opinion of the Court

Rugóles, Ch. J.

In determining' this case it will be assumed that the deed executed by Nicholas Van der Volgen . to Robert Alexander and Seven others for the use of Cornelius Van Dyck and twelve others, was a valid conveyance-by lease and release, operating by force of the.statute of uses, to' vest in Van Dyck and others'who are specially named as cestuis que use, an estate for .their joint lives and -the life of the survivor, but not an ..estate in fee:. and that the limitation of the further-.use to “all others who were then or thereafter might become members of St. George’s Lodge, their…

2Cited by6 opinions

  1. Stuart v. EastonSupreme Court of the United States · 1898
  2. In re the Estate of RathboneNew York Surrogate's Court · 1939
  3. Coffin v. City of PortlandOregon Supreme Court · 1888
  4. Lovett v. TaylorNew Jersey Court of Chancery · 1896
  5. Kelly v. KremmNew York Supreme Court · 1912

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