Van Derzee v. Van Derzee
New York Supreme Court
THIS was an action of ejectment, for the recovery of one-seventh of 263 acres of land in the town of Bethlehem, Albany county. Bach party claimed under Cornelius Van Derzee, jun., the father of the plaintiff, and the grandfather of the defendant; the plaintiff claiming as heir at law, and the defendant under a devise to Storm Van Derzee. Cornelius Van Derzee, jun., died in 1800, in possession of the premises, and claiming to own them.
Read the full summary
THIS was an action of ejectment, for the recovery of one-seventh of 263 acres of land in the town of Bethlehem, Albany county. Bach party claimed under Cornelius Van Derzee, jun., the father of the plaintiff, and the grandfather of the defendant; the plaintiff claiming as heir at law, and the defendant under a devise to Storm Van Derzee. Cornelius Van Derzee, jun., died in 1800, in possession of the premises, and claiming to own them. His will was made and proved the year of his death. The premises in question were devised to the defendant’s father, Storm Van Derzee, either for life, as the…
1Opinion of the Court
By the Court, Hogeboom, J.
Looking at the will in question, irrespective of legal rules, I have very little doubt that the testator intended to give Storm Van Derzee a fee in the premises in controversy. But applying the test that the intent of the testator must be sufficiently expressed on the face of the instrumént, and must be consistent with the rules of law, I am constrained to come to a different conclusion.
The introductory wordp doubtless evince an intent to dispose of all the testator’s worldly estate, but this is not sufficient to enlarge the estate .subsequently devised into a fee,…
2Cases cited9 opinions
- Bradstreet v. ClarkeNew York Supreme Court · 1834
- Averill v. WilsonNew York Supreme Court · 1848
- Jackson ex dem. Harris v. HarrisNew York Supreme Court · 1811
- Van Alstyne v. SprakerNew York Supreme Court · 1835
- Barheydt v. BarheydtNew York Supreme Court · 1838
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bedell v. . ShawNew York Court of Appeals · 1874
- Charter v. OtisNew York Supreme Court · 1862
- City of La Crosse v. CameronCourt of Appeals for the Seventh Circuit · 1897
- Bedell v. ShawNew York Court of Appeals · 1874
- Hitch v. PattenSupreme Court of Delaware · 1889