Reports of Cases Adjudged and Determined in the Supreme Court of Judicature and Court for the Trial of Impeachments and Correction of Errors of the State of New York; With Copious Notes and References, Table of Citations &C Volume 2

Reports of Cases Adjudged and Determined in the Supreme Court of Judicature and Court for the Trial of Impeachments and Correction of Errors of the State of New York; With Copious Notes and References, Table of Citations &C Volume 2

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 edition. Excerpt: ...them together. Without examining whether a testator's manifest intent may not control the legal operation of words which he may use (a question once greatly agitated in Westminster Hall, in the celebrated case of Perrin v. Blake), it is sufficient to say that such intention, if it existed, does not appear, as it did in that case, by plain expressions, or necessary implications, from other parts of the 356 will, and that if we attend to the instrument itself, without any reference to the agreement, there is no evidence whatever of the intention which the defendants wish to establish, or which would justify a construction of this will different from the one which has already been given, or from the legal operation and effect of the various clauses which relate to this subject. Upon the whole, we think the petitioners, Leah Newkerk and Jannetje Roosa, entitled each to one seventh undivided part of the premises in question, and that the plaintiffs must have judgment accordingly. SVe have not examined another question, which was agitated, whether the plaintiffs can have judgment in this action, if their title disclosed at the trial shall appear to be different from that set forth in their petition; for it seems to have been conceded and understood, by both parties, from the manner of making the case, that in the event of our thinking the plaintiffs entitled to any estate under the will, whether for life or in fee, they were to have judgment. Thompson, /. There can be no doubt, I think, but that all the interest, whatever it might be, which Cornelius Newkerk held in the premises, must pass under this clause in his will. There is no limitation over of any interest to which the residuary clause can apply. Still, however, I am unfortunate enough...show more

Product details

  • Paperback
  • 189 x 246 x 44mm | 1,538g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236873912
  • 9781236873910