Tator v. Tator
New York Supreme Court
This was an action of ejectment, tried before Parker, late circuit judge, at the Columbia circuit, in March, 1846. The plea was the general issue. On the trial, the parties stipulated and agreed upon the following facts as evidence in the cause, to wit.
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This was an action of ejectment, tried before Parker, late circuit judge, at the Columbia circuit, in March, 1846. The plea was the general issue. On the trial, the parties stipulated and agreed upon the following facts as evidence in the cause, to wit. That John G. Tator of the town of Ghent, in the county of Columbia, in his lifetime was seised in fee simple of the premises described in the declaration in this cause, and that in the month of October, 1827, he died so seised of the said premises. Tliat previous to his death, and on the 15th of May, 1827, the said John G. Tator made, in due…
1Opinion of the Court
By the Court, Parker, J.
The legal rights of the parties to this suit depend upon the construction to be given to the second item of the will of John G. Tator deceased. The plaintiff relies upon the executory devise to himself and his brothers, Jacob and George Henry. The defendant contends, 1st. That the executory devise is void, because it was too remote, being limited on an indefinite failure of issue ; and 2dly. That Cornelius Tator took a fee by implication, by reason of his being charged with the payment of legacies.
I. This will having taken effect in the year 1827, we are to apply the…
2Cases cited6 opinions
- Executors of Moffat v. StrongNew York Supreme Court · 1813
- Van Wyck v. SewardNew York Supreme Court · 1837
- Tanner v. LivingstonNew York Supreme Court · 1834
- Miller v. MacombNew York Supreme Court · 1841
- Jackson ex dem. Herkimer v. BillingerNew York Supreme Court · 1820
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3Cited by3 opinions
- Dunning v. VandusenIndiana Supreme Court · 1874
- Proprietors of the Church in Brattle Square v. GrantMassachusetts Supreme Judicial Court · 1855
- In re the Construction of the Will of WeeksNew York Surrogate's Court · 1950