Jackson ex dem. Rogers v. Potter
New York Supreme Court
THIS was an action of ejectment for 100 acres of land, in the town of Moreau, in the county of Saratoga. The facts in the case were as follows: James Rogers, in his lifetime, was seised in fee of the premises in question, and died so seised, the 3d No. 1 . vember, 1810, leaving two ot the lessors his heirs at law, by Ehsabeth Rogers, the other lessor.
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THIS was an action of ejectment for 100 acres of land, in the town of Moreau, in the county of Saratoga. The facts in the case were as follows: James Rogers, in his lifetime, was seised in fee of the premises in question, and died so seised, the 3d No. 1 . vember, 1810, leaving two ot the lessors his heirs at law, by Ehsabeth Rogers, the other lessor. On the 19th Ocfober, 1805, he ma(Je his will, which was duly executed, in which, after devising several farms, there were the following clauses: “ Sixthly, I give devise, and bequeath, unto my son, the said waiter, the natural son of the said…
1Per curiam
The law is too well settled to be now questioned, that a devise of lands will not operate upon lands purchased after the execution and publication of the will, unless, subsequent to such purchase or seisin, the devisor republish his will, with the requisite solemnities. And it is equally well settled that the republication of the will, so as to affect the after acquired lands, must be made wifh like solemnity as the execution of the original will. The statute (Laws, v. 1. p. 173.) says, that no such will shall be revoked, or altered, but by another writing, executed in like manner, or by…
2Cited by7 opinions
- Barker v. BellSupreme Court of Alabama · 1871
- In re StickneyAppellate Division of the Supreme Court of the State of New York · 1898
- Carey v. BaughnSupreme Court of Iowa · 1873
- In re the probate of the last will & testament of SimpsonNew York Surrogate's Court · 1878
- Campbell v. RawdonNew York Supreme Court · 1854
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