Ahern v. . Steele
New York Court of Appeals
. Appeal from judgment of the General Term of the Supreme •Court in the first judicial department, entered upon an order made May 18, 1888, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial.
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. Appeal from judgment of the General Term of the Supreme •Court in the first judicial department, entered upon an order made May 18, 1888, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought to recover damages caused by the death of plaintiff’s son, an infant about six years old, who on the 8th day of October, 1882, without any fault of his, fell through a defective pier in the city of New York, and was ■drowned. The material facts are as follows: John Gardner died in 1817, being the owner of…
1Opinion of the CourtEarl, J.
The will of John Gardner came under consideration in Greason v. Keteltas (17 N. Y. 491), and it was there held that the trustee under that will took an estate, in fee determinable when the purpose of the trust should cease, and that such a trustee had power at law to lease for a term which might extend beyond the period of his trust estate. The lease executed by the trustee to Phelan for a term of live years from May 1, 1880, was, therefore, valid for the whole term, and had nearly four years to run at the time of Mrs. De Dion’s death, and more than two years at the time of the accident.…
2Cases cited24 opinions
- Beck v. . CarterNew York Court of Appeals · 1877
- Swords v. . EdgarNew York Court of Appeals · 1874
- Jaffe v. . HarteauNew York Court of Appeals · 1874
- Irvine v. . WoodNew York Court of Appeals · 1872
- Fish v. DodgeNew York Supreme Court · 1847
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3Cited by89 opinions
- Cullings v. GoetzNew York Court of Appeals · 1931
- Trustees of the Village of Canandaigua v. FosterNew York Court of Appeals · 1898
- Kilmer v. WhiteNew York Court of Appeals · 1930
- Junkermann v. . Tilyou Realty Co.New York Court of Appeals · 1915
- Klepper v. Seymour House Corp. of Ogdensburg, Inc.New York Court of Appeals · 1927
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