Sharpsteen v. Tillou
New York Supreme Court
Error from the Supreme Court upon a special verdict. The action in the Court below was brought by Tillou against Sharpsteen, upon covenants of seisin contained in two deeds in fee, from Sharpsteen and his wife to Tillou, for two sever» al parcels of land in the town of Washington, Dutchess county, dated March 16th, 1819. The cause was tried at thp Dutchess circuit, where the jury, found a special verdict ; that after the deeds were ‘executed, the plaintiff below» op or about…
Read the full summary
Error from the Supreme Court upon a special verdict. The action in the Court below was brought by Tillou against Sharpsteen, upon covenants of seisin contained in two deeds in fee, from Sharpsteen and his wife to Tillou, for two sever» al parcels of land in the town of Washington, Dutchess county, dated March 16th, 1819. The cause was tried at thp Dutchess circuit, where the jury, found a special verdict ; that after the deeds were ‘executed, the plaintiff below» op or about the 1st of April, 1819, entered upon and occupied the premises for a short time ; that Moses Hallock deceased, Was, at…
1Opinion of the Court
The Chancellor.
The objects which the testator seems to have contemplated, in directing that his real estate should ' be sold after the decease of his widow, have been, to a great extent, defeated by himself, by rules of law, and by events which occurred after his death. His son Edward being a *660witness to the will, could take nothing under it; and all thq beneficial intentions of the testator towards this son, are ineffectual. If the bequest of one hundred and fifty pounds, to his son Isaac M., is considered as payable from the product of the real estate when sold, and such is the sense of the…
2Cases cited1 opinion
- Jackson ex dem. Ellsworth v. JansenNew York Supreme Court · 1810
3Cited by9 opinions
- Sweeney v. . WarrenNew York Court of Appeals · 1891
- Gourley v. . CampbellNew York Court of Appeals · 1876
- Brooklyn Trust Co. v. LesterAppellate Division of the Supreme Court of the State of New York · 1933
- McCarty v. TerryNew York Supreme Court · 1872
- Du Bois v. BrownNew York Surrogate's Court · 1882
4 more not listed; retrieve them via the Exa API.