Cushney v. Henry
New York Court of Chancery
This was a bill for the partition or sale of a lot of land in the city of New-York, which belonged to Mary Brevoort, before and at her death, in April, 1794. The parties to this suit are the representatives of two of the children of Mrs. Brevoort ; a third child, who was living at the death of his moth», er, having since died without issue.
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This was a bill for the partition or sale of a lot of land in the city of New-York, which belonged to Mary Brevoort, before and at her death, in April, 1794. The parties to this suit are the representatives of two of the children of Mrs. Brevoort ; a third child, who was living at the death of his moth», er, having since died without issue. Mrs. Brevoort, by her will, made in 1791, devised all her real estate to three trustees, and to the survivor of them and to the heirs of such survivor, in trust to sell or rent the same, as they should think proper, during the life of her children, and of…
1Opinion of the Court
The Chancellor.
The principal, if not the only question in this cause, is, whether the six grand children of Hester Henry, upon her death, became entitled to equal proportions of the one moiety of the premises in question; or whether the two children of G. W. Henry the elder are entitled to one quarter of the premises, and the four children of Henry Brevoort Henry, to the other quarter. This depends upon the construction of the will of Maiy Brevoort, their great grandmother ; for if they are to take as heirs at law of Mrs. Henry, their grandmother, all the grand children, although by different…
2Cited by5 opinions
- Hennessy v. . PattersonNew York Court of Appeals · 1881
- Whitaker v. HawleySupreme Court of Kansas · 1881
- Barstow v. GoodwinNew York Surrogate's Court · 1853
- Adams v. SmithNew York Supreme Court · 1887
- Taylor v. HartMississippi Supreme Court · 1895