
    Townshend v. Loew et al.
    
    
      (Superior Court of New York City, General Term.
    
    July 8, 1890.)
    Ejectment—-Title to Support—Powers in Trust.
    C. conveyed mortgaged property to R., her heirs, etc., in trust to receive the income, and apply it to the use of O. for life, and after her death to convey the property to C.’s children and grandchildren. Held that, under 1 Rev. St. R. T. p. 729, § 59, providing that land to which a power in trust relates shall remain in or descend to the persons otherwise entitled, subject to the execution of the power, R.’s power to convey not having been exercised, the legal title to the land passed to the purchaser at the sale under the mortgage during C.’s life, and C.’s children and grandchildren, after her death, had no such title as would support an action of ejectment. Following Townshend v. Frommer, 5 R. T. Supp. 442.
    Exceptions from jury term.
    Action in ejectment by John Townshend against Edward V. Loew and others. A verdict was directed for defendants, and plaintiff’s exceptions were ordered to be heard in the first instance at general term.
    Argued before Truax and Ingraham:, JJ.
    
      John Townshend, plaintiff, in pro. per. John C. Shaw, for defendants.
   Per Curiam.

The exceptions taken by the plaintiff are overruled, and judgment is ordered for the defendants on the verdict, on the authority of Townshend v. Frommer, 5 N. Y. Supp. 442, with costs.  