Wilkes v. Lion ex dem. Eden
Court for the Trial of Impeachments and Correction of Errors
Error from the Supreme Court. This was one among several causes, the fate of which was supposed to have been fixed by the decision in Anderson v. Jackson, (16 John. Rep. 382.) The present cause related to the same subject matter, and involved a construction of the same will, which called forth such elaborate discussion in that cause, not only from the counsel but the Court of Errors.
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Error from the Supreme Court. This was one among several causes, the fate of which was supposed to have been fixed by the decision in Anderson v. Jackson, (16 John. Rep. 382.) The present cause related to the same subject matter, and involved a construction of the same will, which called forth such elaborate discussion in that cause, not only from the counsel but the Court of Errors. (Yid. the opinion of Yates, Senator, id. 435, and the dissenting opinions of the late Chancellor Kent, and Hammond, Senator, id. 397, 424.) Speaking of the prominent point in that case, Chancellor Kent remarked,…
1Opinion of the Court
The Chancellor.
This Court has heretofore determined, in the case of Anderson v. Jackson, that the devise of the share of either of these two brothers, when either should die without issue, to the survivor of them, was valid as an executory devise; and that Medcef Eden the younger, on the death of his brother Joseph, took the lands devised to Joseph. But this Court did not, in that case, decide, what estate Medcef Eden the younger took, in these lands. The cause now before us, renders it necessary to determine the nature and extent of his estate.
What Anderson v. Jackson decided.
When Medcef…
2Cases cited1 opinion
- Fosdick v. CornellNew York Supreme Court · 1806
3Cited by9 opinions
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- Kiowa Realty Co. v. MolenaorNew York Supreme Court · 1917
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