King v. Whaley
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. Certain premises were originally owned by William Vizor, who by his last will and testament, bearing date April 6, 1830, devised the same to his wife Haney Vizor, for life, and after her death, to his nephew William S. •Vizor, his heirs and assigns forever.
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APPEAL from a judgment entered upon the report of a referee. Certain premises were originally owned by William Vizor, who by his last will and testament, bearing date April 6, 1830, devised the same to his wife Haney Vizor, for life, and after her death, to his nephew William S. •Vizor, his heirs and assigns forever. The testator died in December, 1832. Prior to April 9, 1835, the widow married Amasa Sheldon; and on that day William S. Vizor and wife executed and delivered to Fenner Sheldon a conveyance, in trust, for the sole use, benefit and behoof of Amasa Sheldon, husband of Haney Vizor,…
1Opinion of the Court
By the Court, Morgan, J.
It appears from the case, that all proper persons have been made parties, since the report of the referee, and consent to the judgment, except the defendants "Whaley and Robinson. Robinson is in possession under a parol contract of purchase, and having paid the consideration in full, is. the equitable owner of whatever title Whaley acquired by his deed from Jones.
These two defendants represent the same interest; and although it does not appear that Whaley has acquired the legal title of the three Vizors, who each takes one-sixth, as children of William S. Vizor, under…
2Cited by3 opinions
- Matter of Appl'n of N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1882
- In re the New York Central & Hudson River RailroadNew York Court of Appeals · 1882
- Kelsey v. CooleyNew York Supreme Court · 1890