M'Comb v. Wright
New York Court of Chancery
THIS cause came to a hearing on exceptions to the master’s report, which was in favour of the competency of the plaintiff to give a good title, and such as a purchaser might safely take. The report stated, that Alexander Ogilvie was seized in fee, of the lot in question, and by his- will, dated 21st of •January, 1748, he gave all his estate, real and personal, to his wife for life, and then to his children, Alexander, Thomas, Jane, John and Catharine, as joint heirs.
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THIS cause came to a hearing on exceptions to the master’s report, which was in favour of the competency of the plaintiff to give a good title, and such as a purchaser might safely take. The report stated, that Alexander Ogilvie was seized in fee, of the lot in question, and by his- will, dated 21st of •January, 1748, he gave all his estate, real and personal, to his wife for life, and then to his children, Alexander, Thomas, Jane, John and Catharine, as joint heirs. He died seized, prior to the year 1770. His wife took the rents and profits, and died in 177f. On the 14th of March, 1786,…
1Opinion of the Court
The Chancellor overruled the exceptions,
and held, that lapse of time, and family ignorance of the existence of Catharine or John, for upwards of forty years before the sale in question, and the other circumstances, were sufficient to warrant this Court, or to warrant a jury, in a Court of law, and to render it the duty of either, to raise the presumption of death, without issue. That the title under the will of the plaintiff’s testator was, therefore, to be deemed good.
2Cited by10 opinions
- In re the Estate of KatzNew York Surrogate's Court · 1930
- Ferry v. . SampsonNew York Court of Appeals · 1889
- In re the Application for Letters of Administration upon the Estate of SmithNew York Surrogate's Court · 1912
- McNulty v. MitchellNew York Supreme Court · 1903
- Emerson v. WhiteSuperior Court of New Hampshire · 1854
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