Ruggles v. Lawson
New York Supreme Court
THIS was a suit in partition, tried before bis honour the chief justice, at the Orange circuit, in September, 1814. The plaintiff, in his petition, set forth, that he was seised, in fee, as tenant in common, of an .undivided moiety of the premises in question ; and that Daniel Lawson and others, defendants, as heirs at law of Robert Thomson, jun., deceased, were each seised of an equal and undivided twentieth of the premises, and the widow of Robert Thomson was entitled to…
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THIS was a suit in partition, tried before bis honour the chief justice, at the Orange circuit, in September, 1814. The plaintiff, in his petition, set forth, that he was seised, in fee, as tenant in common, of an .undivided moiety of the premises in question ; and that Daniel Lawson and others, defendants, as heirs at law of Robert Thomson, jun., deceased, were each seised of an equal and undivided twentieth of the premises, and the widow of Robert Thomson was entitled to her dower in the one third of the said ten twentieths of the premises, of which the heirs of the said Robert Thomson were…
1Opinion of the Court
Per'Curiam.
The only question in this case relates to the
effect and operation of the deed from Robert Thomson, ¡an., to his two sons, Robert and Kelson. This deed was duly executed by the grantor, in his lifetime, and delivered to a third person, to be delivered to the grantees, in case the grantor should die before having made and execute his will. The grantor did die without having made any will, and the deed was, after his death, delivered to the grantees. If this deed is to be considered as an escrow, the estate, under the circumstances stated in the case, passed to the grantees, upon the…
2Cases cited2 opinions
- Wheelwright v. WheelwrightMassachusetts Supreme Judicial Court · 1807
- Hatch v. HatchMassachusetts Supreme Judicial Court · 1812
3Cited by33 opinions
- Hathaway v. . PayneNew York Court of Appeals · 1865
- Hibberd v. SmithCalifornia Supreme Court · 1885
- Jordan v. PollockSupreme Court of Georgia · 1853
- Osborne v. EslingerIndiana Supreme Court · 1900
- Dettmer v. BehrensSupreme Court of Iowa · 1898
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