Jackson ex dem. Wood v. Swart
New York Supreme Court
EJECTMENT for five acres of land in Gorham, in the county of Ontario, tried at the Ontario Circuit, before Mr. Justice Yates, in, June, 1821. James Wood, who was the husband of Jerusha Wood, one of the lessors, and the father of James, Henry, and Gilbert Wood, the other lessors, died in possession of the premises, about six years bef- re the trial, leaving four sons, viz. the three lessors above named, and Joseph Wood, his heirs at law.
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EJECTMENT for five acres of land in Gorham, in the county of Ontario, tried at the Ontario Circuit, before Mr. Justice Yates, in, June, 1821. James Wood, who was the husband of Jerusha Wood, one of the lessors, and the father of James, Henry, and Gilbert Wood, the other lessors, died in possession of the premises, about six years bef- re the trial, leaving four sons, viz. the three lessors above named, and Joseph Wood, his heirs at law. Janies Wood, the elder, and Ms wife, had resided - on the premises, for about 15 years before Ms death. The defendant gave in evidence a deed, from Benjamin…
1Opinion of the Court
Spences, Ch. J.
delivered the opinion of the Court.
The questions to be decided, are, 1st. Whether the deed from James Wood and Jerusha his wife to Joseph Wood, is void, as conveying a fee to commence in futuro ; and, 2d. Whether the reservation to Jerusha Wood of an estate for *87lfe5 is valid and operative ? The consideration expressed in the deed, as between the grantors and the grantee, is 500 dollars 3 and the deed contains the words " grant, bargain, sell,” fee. 3 and, after describing the premises granted, are these words: “ It is understood that the parties of the first part reserve to…
2Cases cited1 opinion
- Jackson ex dem. Trowbridge v. DunsbaghNew York Supreme Court · 1799
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- Gould v. GlassNew York Supreme Court · 1855
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