Brown v. Burlingham
The Superior Court of New York City
The complaint states that Dorcas M. Remsen died August 1, 1849, intestate and without lawful issue, or any father, mother, brother; or sister, and at the time of her death was seized of the premises No. 150 Elizabeth street, of which she was first purchaser : that she left her surviving the plaintiff and Ann Eliza Price, children of her deceased sister of the whole blood, her only heirs.
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The complaint states that Dorcas M. Remsen died August 1, 1849, intestate and without lawful issue, or any father, mother, brother; or sister, and at the time of her death was seized of the premises No. 150 Elizabeth street, of which she was first purchaser : that she left her surviving the plaintiff and Ann Eliza Price, children of her deceased sister of the whole blood, her only heirs. That she also left her surviving William L. Burlingham and Philena White (wife of Hartson White), the brother and sister of the intestate of the half blood on her mother's side, being the brother and sister…
1Opinion of the Court
By the Court.
Duer, J.
It was insisted by the counsel for the plaintiff, that although the R. S. have abolished the distinction between the whole and the half blood, so as to render the latter capable of inheriting, they have not abolished the rule of the common law, which declares that when the intestate was the first purchaser of the inheritance, relatives on the side of the father shall be first entitled to take, so as to exclude those on the side of the mother, until the blood of the father shall be wholly exhausted. The counsel enforced this position with much ingenuity and learning; but…
2Cited by1 opinion
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