Nature of the Case
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Facts
Edward devised to his nephew Charles a farm of two hundred acres during the term of his natural life, and at his decease it was descend to the eldest son of Charles who shall then be living; and if Charles shall die leaving no son, then the said farm shall descend to the daughters of Charles, who shall then be living, and the issue of such daughters as may before that time have died,' with a gift over to others in other contingencies. Charles enjoined upon his 'nephews and such of their children who may at any time become possessed of the said farm under this will that they do not sell or in any manner part with the same,' it being his 'desire that the said farm with the appurtenances shall remain in the possession of' his 'family, and that the same should not be sold or pass into the possession of strangers.' In 1871 Charles conveyed the farm Morss, and his heirs and assigns forever, covenanting that 'the children and descendants of the party of the first part, each and every of them, shall be forever estopped and barred from claiming any title, estate or interest in the said lands or any portion thereof.' In 1872 a Railroad Company constructed its railroad upon and over the farm under an agreement with Morss for the conveyance of a right of way. Other portions of the farm were also purchased by the Railroad Company. The railroad company built a passenger station, a freight house, and other structures as well as tracks and sidings. Charles died in 1914. He was survived by Charles Victor Livingston (D), his eldest son. D instituted an action in ejectment to recover possession from P. D won the judgment and appealed. P then instituted this action in eminent domain. The commissioners' report, fixed the value of the land without the improvements at $15,000, and the value of the improvements at $49,000, a total of $ 64,000. P was ordered to pay this amount. P appealed.
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