Woodgate v. . Fleet
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme-Court in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court at Special Term. This action was brought to determine the rights and equities of the various parties in and to certain real estate situate in Jamaica, Queens county.
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Appeal from judgment of the General Term of the Supreme-Court in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court at Special Term. This action was brought to determine the rights and equities of the various parties in and to certain real estate situate in Jamaica, Queens county. On March 24, 1834, Abraham Fleet, being married and. having an adopted son or “reputed son,” as he was styled, executed a trust deed conveying certain lands, including the premises in question, to James H. Hackett and others, in trust, for the purposes…
1Opinion of the CourtRapallo, J.
After a careful examination of the deed of trust in controversy in this action, and of the adjudications which have been had upon it in the Court of Chancery and in the Supreme Court, we are satisfied that later decisions of this court require us to sustain the limitation in favor of the children of Abraham Fleet who were living when John K. became of age. We are relieved from any difficulty arising from obscurity in the language of the deed. The intentions of the grantor are plainly and emphatically expressed, and the only questions for us to determine are, whether the law will permit them…
2Cases cited2 opinions
- Gilman v. . ReddingtonNew York Court of Appeals · 1861
- Harrison v. . HarrisonNew York Court of Appeals · 1867
3Cited by18 opinions
- Robb v. . Washington Jefferson CollegeNew York Court of Appeals · 1906
- Scott v. WestWisconsin Supreme Court · 1885
- Townshend v. . FrommerNew York Court of Appeals · 1891
- Jacoby v. . JacobyNew York Court of Appeals · 1907
- Palms v. PalmsMichigan Supreme Court · 1888
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