Carpenter v. Schermerhorn
New York Court of Chancery
This case came before the chancellor upon the master’s report, and amended report, in relation to the rights of the several parties in a partition suit. The premises, of which partition was sought, consisted of about one hundred and sixty acres of - land in the town of Charlton, in the county of Saratoga, of which Ryer Schermerhorn was seised at the time of his death, and of lots Nos. 64 and 65 in Glen’s patent, of which he was also seised at that time.
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This case came before the chancellor upon the master’s report, and amended report, in relation to the rights of the several parties in a partition suit. The premises, of which partition was sought, consisted of about one hundred and sixty acres of - land in the town of Charlton, in the county of Saratoga, of which Ryer Schermerhorn was seised at the time of his death, and of lots Nos. 64 and 65 in Glen’s patent, of which he was also seised at that time. Ryer Schermerhorn died in 1793, leaving six children, John, Rykert, Bartholomew, Jeremiah, Garret, and Engletje the wife of Nicholas…
1Opinion of the Court
The Chancellor.
The master has clearly mistaken the rights of the children of Garret Schermerhorn, and of those claiming under them, in relation both to the Charlton lands and to the two lots of land in Glen’s patent. He is right in supposing that the present owners of the Charlton lands are entitled to hold, by adverse possession, the one-sixth of their several lots, which was undisposed of by the will of the testator in consequence of the death of his son John without issue. For, upon the death of John, forty years since, the remainder in fee in that one-sixth, became vested in his four…
2Cited by11 opinions
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- Childs v. McChesneySupreme Court of Iowa · 1866
- Ferguson v. . TweedyNew York Court of Appeals · 1871
- Dreier v. HoltHawaii Supreme Court · 1907
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