New York Court of Appeals
Brewster v. . Striker.
December 5, 18482 N.Y. 19
Summary
The Court affirmed the lower court, holding that the executors of John Hopper's will took the legal estate in the real property by implication of law as trustees, leaving the grandchildren with only equitable interests and no vested legal estate that could be sold under a judgment. The concurrence disagreed, arguing that the executors possessed only leasing powers and the grandchildren held a present legal estate.