In re Craig

New York Supreme Court

In re Craig

1 Barb. 33

DecidedSeptember 13, 1847

StatusPublished

This text of 1 Barb. 33 (In re Craig) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Craig, 1 Barb. 33 (N.Y. Super. Ct. 1847).

Pincite

Opinion

Edmonds, J.

Under the 47th section of the article of the revised statutes which relates to uses and trusts, (1 R. S. 727,) the cestui que trust, being entitled to the actual possession of the land, and to the receipt of the rents and profits, he is to be deemed to have a legal estate therein, of the same quality and duration as his beneficial interest. It would, therefore, be improper for the court to interfere and grant this petition. For aught that appears, this trust may have been created for the purpose of enabling an alien to hold real estate, contrary to our statute.

Motion denied.

Free access — add to your briefcase to read the full text and ask questions with AI

Edmonds, J.

Under the 47th section of the article of the revised statutes which relates to uses and trusts, (1 R. S. 727,) the cestui que trust, being entitled to the actual possession of the land, and to the receipt of the rents and profits, he is to be deemed to have a legal estate therein, of the same quality and duration as his beneficial interest. It would, therefore, be improper for the court to interfere and grant this petition. For aught that appears, this trust may have been created for the purpose of enabling an alien to hold real estate, contrary to our statute.

Motion denied.

Cite This Page — Counsel Stack

Bluebook (online)

1 Barb. 33, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-craig-nysupct-1847.