Peter T. Masterson, Respondent v. John Townshend, Appellants

Summary

The New York Court of Appeals reversed the lower court’s judgment for the plaintiff and dismissed his ejectment complaint. It held that the testator’s will creates an implied devise of the land to Peter Masterson, subject only to the widow’s annuity, and that the trust terminates upon the widow’s remarriage, leaving the heirs at law without title. The opinion also reiterated that a demurrer admits only well‑pleaded facts and not legal conclusions.