Jackson ex dem. Burhans v. Blanshan
New York Supreme Court
THIS was an action of ejectment. The lessors of the plaintiff claimed title to the premises in question, by virtue of the last will and testament of Mathys Blanshan, . dated, 21st April, 1770; by which the testator, after giv- . - ... • „ mg some legacies, disposes or his real and personal estate r n 3-S lOllOWS : “ -*■ S^ve and bequeath to my six shildren, Johannis, Jacob, Matthew, Anna, Cathariene, and Brachie, and to their heirs and assigns, for ever, all the remainder of…
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THIS was an action of ejectment. The lessors of the plaintiff claimed title to the premises in question, by virtue of the last will and testament of Mathys Blanshan, . dated, 21st April, 1770; by which the testator, after giv- . - ... • „ mg some legacies, disposes or his real and personal estate r n 3-S lOllOWS : “ -*■ S^ve and bequeath to my six shildren, Johannis, Jacob, Matthew, Anna, Cathariene, and Brachie, and to their heirs and assigns, for ever, all the remainder of my ° J real and personal estate, which I hold by patent, deed, , . . . , bond, or any other instrument whatsoever, to…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. This case was formerly before the court upon a question of evidence, as well as upon the construction of the will. (3 Johns. Rep. 292.) The court then directed a nonsuit, on the ground that the will had been admitted in evidence without due proof; and they also examined into the construction which the will ought to receive. This was not indeed requisite, considering the course which the cause *56then took; and the question did not, perhaps, receive all the investigation which would have been given to it, had it been more fully argued, or been made…
2Cited by26 opinions
- Roome v. . PhillipsNew York Court of Appeals · 1862
- Miller v. . GilbertNew York Court of Appeals · 1894
- Harris v. ParkerSupreme Court of Alabama · 1868
- In re the Judicial Settlement of the Account of AllisonNew York Surrogate's Court · 1907
- In re the Proceedings for Probate of the Last Will & Testament of BriggsAppellate Division of the Supreme Court of the State of New York · 1900
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