Avery v. . Everett
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made April 23, 1885, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 36 Hun, 6.) This was an action of ejectment brought to recover possession of certain real estate situate in Cayuga county, of which J ohn H. Southwick died seized.
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Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made April 23, 1885, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 36 Hun, 6.) This was an action of ejectment brought to recover possession of certain real estate situate in Cayuga county, of which J ohn H. Southwick died seized. Said Southwick died leaving a will, of the material clause in which the following is a copy: “I also give, devise and bequeath to my beloved wife Eliza Ann, all my real estate as long as she…
1Opinion of the CourtAndrews, J.
We concur in the conclusion of the courts below that, by the true construction of the will of John H. Southwick, his son, Charles H. Southwick, took, upon the testator’s death, a vested remainder in fee, limited upon the life estate of his mother in the premises in question, subject, however, to be defeated by a condition subsequent, viz., Ms death without children, in wMch event the substituted remainder given in that contingency to Augustus Southwick, the son of the testator’s brother Nathan, would vest in possession, thereby displacing the prior fee given to the testator’s son Charles.…
2Cases cited5 opinions
- Vanderzee v. SlingerlandNew York Court of Appeals · 1886
- Bowles v. . HabermannNew York Court of Appeals · 1884
- Troup v. WoodNew York Court of Chancery · 1820
- In re DemingNew York Supreme Court · 1813
- Davis v. DuffieNew York Court of Appeals · 1867
3Cited by69 opinions
- Archer v. JacobsSupreme Court of Iowa · 1904
- Schmidt v. Northern Life Ass'nSupreme Court of Iowa · 1900
- Bush v. ReidAlaska Supreme Court · 1973
- Walker v. AlversonSupreme Court of South Carolina · 1910
- Green v. State of New YorkNew York Court of Appeals · 1938
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