Legal Opinion
Sage v. Wheeler
Appellate Division of the Supreme Court of the State of New York
Decided March 15, 1896PublishedCited by 2 opinions
Appeal from special term, Lewis county. Action by Philip H. Sage and another against Emily E. Wheeler and others for partition. From the interlocutory judgment, plaintiffs appeal. Reversed.
1Opinion of the CourtHardin, P. J.
To determine the question presented by this appeal, it is important to ascertain the intention of the testator in the use of the language found in the fifth clause of his will.
By the provisions of the Revised Statutes (volume 1, p. 722), it is provided in section 7, viz.:
“Estates, as respects the time of their enjoyment, are divided into estates in possession, and estates in expectancy.”
Section 8:
“An estate in possession, is where the owner has an immediate right to the possession of the land. An estate in expectancy is where the right to the possession is postponed to the futuro period.”
Secti…
2Cases cited14 opinions
- Moore v. LyonsNew York Supreme Court · 1840
- Smith v. . EdwardsNew York Court of Appeals · 1882
- Warner v. . DurantNew York Court of Appeals · 1879
- Scott v. . GuernseyNew York Court of Appeals · 1871
- Vanderzee v. SlingerlandNew York Court of Appeals · 1886
9 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Staples v. MeadAppellate Division of the Supreme Court of the State of New York · 1912
- Wadsworth v. MurrayAppellate Division of the Supreme Court of the State of New York · 1898