Vanderheyden v. Crandall
New York Supreme Court
Ejectment for lands in the city of Troy, tried at the Rensselaer circuit in December, 1843, before Willard, 0. Judge. In the first count Abraham Vanderheyden arid David S. Wendell were named as plaintiffs, jointly; and each of them was named as plaintiff, separately, in the two other counts.
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Ejectment for lands in the city of Troy, tried at the Rensselaer circuit in December, 1843, before Willard, 0. Judge. In the first count Abraham Vanderheyden arid David S. Wendell were named as plaintiffs, jointly; and each of them was named as plaintiff, separately, in the two other counts. The premises in question are a part of the real estate of which Mathias Vanderheyden the elder was seized at the time of the execution of his last will and testament, and at the time of his death, which took place prior to’ 1776. The plaintiffs gave in evidence the last will of Mathias Vanderheyden, which…
1Opinion of the Court
By the Court, Beardsley, J.
Limitations in trust, to preserve contingent remainders, were not executed by the statute of uses, the legal estate in such cases remaining in the trustees. (Fletcher on the Estates of Trustees, 24, 114; Willis on Trustees, 37, 149; Lewin on Trusts & Trustees, 2, 4, 7, 21, 102, 3.) These limitations, as the phrase imports, were designed to preserve the remainders, while contingent, from being defeated by the destruction or determination, designed or casual, of the particular estate on which they depend, a hazard to which interests of this description are, in various…
2Cases cited11 opinions
- Moore v. LyonsNew York Supreme Court · 1840
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
- Mason v. MuncasterSupreme Court of the United States · 1824
- Lawrence v. BayardNew York Court of Chancery · 1838
- Doe ex dem. Barnes v. ProvoostNew York Supreme Court · 1809
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3Cited by30 opinions
- Van Renesselaer v. KearneySupreme Court of the United States · 1851
- Croxall v. ShererdSupreme Court of the United States · 1867
- New Jersey v. DelawareSupreme Court of the United States · 1934
- Robins Island Preservation Fund, Inc. v. Southold Development CorporationCourt of Appeals for the Second Circuit · 1992
- Jenkins v. . FaheyNew York Court of Appeals · 1878
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