Jackson ex dem. Roosevelt v. Thurman
New York Supreme Court
THIS was an action of ejectment for land in Johns-l>orouS'lti *n Washington county. It was admitted that John Thurman, at the time of v . his death, was seised in fee of the premises m question.
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THIS was an action of ejectment for land in Johns-l>orouS'lti *n Washington county. It was admitted that John Thurman, at the time of v . his death, was seised in fee of the premises m question. That he died intestate, the 27th of September, 1809* leaving the lessors of the plaintiffs, Nicholas Roosevelt and ' Elizabeth Gilchrist, the children of Elizabeth Roosevelt, deceased, the sister of the intestate, and the defendant, 7 ' 7 Ralph Thurman, son of Ralph Thurman, deceased, a . . brother of the intestate, his heirs at law. The cause was submitted to the court, without argument.
1Per curiam
The fifth rule, or canon of descent, ill Our statute, regulating descents, (Laws, vol. 1. p. 46. sess. 9. c. 12.) has departed a little from the principle adhered to, in the order of lineal descent, and has carried to an unusual length, the doctrine of inheritance, per stirpes, or by representation. Thus if A. dies seised of land, and his nearest heirs are a brother and two nephews, by a deceased brother, the two nephews must claim by representation, to entitle themselves to a share of the estate with their uncle. But, if A. dies seised of land, and his nearest heirs are a nephew, by a…
2Cited by6 opinions
- Pond v. BerghNew York Court of Chancery · 1843
- Stallworth v. StallworthSupreme Court of Alabama · 1856
- Godwin v. MarvelOrphan's Court of Delaware · 1953
- Wagner v. SharpNew Jersey Superior Court Appellate Division · 1881
- Godwin v. MarvelSuperior Court of Delaware · 1953
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