67 N.Y. 63 | NY | 1876
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The children of Belding Hoyt, upon his death, took under his will a vested estate in remainder in the lands devised to his wife for her life. The words "from and immediately after her death," did not operate to postpone the vesting of the remainder in the children until the death of the life tenant, but by well settled construction denoted simply the period when they would become entitled to the estate in possession. (Livingston v.Greene,
The will of the testator is to be observed, and his purpose ought not to be defeated, as it would be if it should be held that the land could not be sold under the power, or if sold, that the sale should be subject to the lien of the judgments.
We are of opinion that upon the facts stated in the case, the plaintiff has a good title to the land embraced in the contract, and that the defendant should be decreed specifically to perform it.
The judgment of the General Term should be reversed, and judgment ordered in conformity with this opinion.
All concur; RAPALLO, J., absent.
Judgment reversed, and judgment accordingly