McCosker v. Brady
New York Court of Chancery
This case came before the chancellor upon the separate appeals of J. R Brady and J. T. Brady, two of the defendants in this suit, from a decretal order of the vice chancellor of the first circuit, overruling their several demurrers to the complainant’s bill.
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This case came before the chancellor upon the separate appeals of J. R Brady and J. T. Brady, two of the defendants in this suit, from a decretal order of the vice chancellor of the first circuit, overruling their several demurrers to the complainant’s bill. John McCosker the elder, on the 26th of March, 1839, died seised of certain real estate, in the city of New-York, particularly described in the bill of Thomas McCosker hereafter mentioned; and left his two sons, John McCosker the younger, and Thomas McCosker, his only children and heirs. By his will, made in 1834, he directed his…
1Opinion of the Court
The Chancellor.
Neither the original bill, of Thomas McCosker, nor the bill in the present suit, is properly framed, to entitle the complainant to a partition of the lands in controversy, in case it should turn out that the alleged will of John McCosker the younger is valid. In both bills it is distinctly chat'ged that the will is void; and that the whole title and interest in 'he lands became vested in T. McCosker, as heir at law of his 'her, as to one half, and as the heir of his brother as to the half thereof, upon the death of the latter. The prayer for therefore, in case the pretended…
2Cases cited1 opinion
- King v. DonnellyNew York Court of Chancery · 1835
3Cited by11 opinions
- Lehman v. MeyerSupreme Court of Alabama · 1880
- Ingersoll v. GourleyWashington Supreme Court · 1913
- Moog v. TalcottSupreme Court of Alabama · 1882
- Dunning v. Ocean National BankNew York Supreme Court · 1872
- Wallace v. PayneAppellate Division of the Supreme Court of the State of New York · 1897
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