Parks v. Parks
New York Court of Chancery
This was an appeal, by the defendants, from a decree of the vice chancellor of the first circuit, declaring all the provisions of the will of Peter Parks deceased in relation to his real estate inoperative and void, and that the whole of such real estate had descended to the heirs at law of the testator ; who were entitled to hold the same as if no will had been made by him.
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This was an appeal, by the defendants, from a decree of the vice chancellor of the first circuit, declaring all the provisions of the will of Peter Parks deceased in relation to his real estate inoperative and void, and that the whole of such real estate had descended to the heirs at law of the testator ; who were entitled to hold the same as if no will had been made by him. The testator died in 1835, seized in fee of several houses and lots in the city of New-York, one leasehold lot and some personal property; leaving a widow, Elizabeth Parks, three sons David, Peter, and Samuel, and two…
1Opinion of the Court
The Chancellor.
It is very evident that the testator in this case, or the scrivener who drew the will if it was not drawn by the decedent himself, had no clear concep*117tion of the difference between a use and a trust in real estate; or what words were necessary to create a trust estate, as contradistinguished from a legal interest in lands, or in the rents and profits thereof. And he must have had still less knowledge of the legal meaning of some of the technical expressions which are used in different parts of this will. Hence there is a strange confounding of common place expressions and of…
2Cases cited2 opinions
- Darling v. Rogers & SagoryCourt for the Trial of Impeachments and Correction of Errors · 1839
- Dawes v. SwanMassachusetts Supreme Judicial Court · 1808
3Cited by30 opinions
- Bliven v. . SeymourNew York Court of Appeals · 1882
- Hascall v. . KingNew York Court of Appeals · 1900
- Oxley v. . LaneNew York Court of Appeals · 1866
- Palms v. PalmsMichigan Supreme Court · 1888
- Blackford v. AndersonSupreme Court of Iowa · 1939
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