Page:Federal Reporter, 1st Series, Volume 10.djvu/870

 85S. FKDBBAL BBPOBTBR. �""WTiereas, Mary Vermilya, lateof the city of li'ew York, deceased, was, in her life-time, seized in fee-siinple of aud in certain lots, pieces, or parcels of ground, liereinaf ter more particularly described ; and wliereas, the said Mary Vermilya did, in and by her last will and testament, .by her duly made and published to pass real estate, and bearing date the second day of September, A. D. 1824. give and devise all her real estate, whatsoever and wheresqev.er,. untp her niece, Mary Ann Jarvis, her mother, Sarah Vermilya, and her brother, Thomas Vermilya, all of. the elty of Kew York, to the survivor of them, and to the heirs and assigns of such survivor; and whereas, Sarah Vermilya, my mother, is now dead, and the said property is now vested in me, the said Thomas Vermilya, and Mary Ann Jarvis, in fee-simple, and I, the said Thomas Vermilya, being desirons of vesting the whole in my niece, Mary Ann Jarvis, now, therefore, this indenture witneasoth," etc. �— That the said Mary Ann Jarvis, in the year 1840, intermarried with oue Thomas S. Christophers. That on the sixth of September, 1844, she, together with her husband, being the owners in equity, and believing that she was at law the owner in fee-simple, of the said property, undertook, by their deed, to convey in fee-simple the same to one John Arbuckle, who entered into possession and spent large sums of money in erecting buildings thereon. That the said Mary Ann Christophers departed this life January 29, 1846, leaving the said Thomas Vermilya surviving her, and two children, Thomas V. J. Christophers and James J. V. Christophers. That the complainant now bolds the said real estate, under the said John Arbuckle, by vir- tue of divers mesne conveyances. That the said Thomas Vermilya died in the mon th of September, 1853, after duly executing his laet will and testament, which was admitted to probate before the surro- gate of the city and county of New York, in which he devised the whole of his real estate to the two children of his niece, Mary Ann Jarvis, (Christophers,) and to Thomas S. Christophers, the husband of the said Mary Ann, to be held by them equally, in fee-simple. That the said James J. V. Christophers died October 3, 1865, intes- tate, and without issue, leaving his brother Thomas his only heir at law. That Thomas S. Christophers departed this life, intestate and unmarried, July 3, 186O, leaving his son Thomas his sole heir at law. That the only heirs at law of Mary Vermilya, at the time of her death, were Thomas Vermilya and Mary Ann Jarvis ; and that the said Thomas V. J. Christophers has lately brought into this court an action of ejectment against James Brown, tenant of the complainant, in possession of a portion of the said premises, and the complainant has been admitted to defend the said suit as the landlord of James. ��� �