Clarke v. Van Surlay
New York Supreme Court
This was an action of ejectment, tried at the New-York circuit in April, 1833, before the Hon. Ogden Edwards, one of the circuit judges.
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This was an action of ejectment, tried at the New-York circuit in April, 1833, before the Hon. Ogden Edwards, one of the circuit judges. The plaintiff claimed to recover under a devise contained in the will of Mary Clarke, executed on the 6th April, 1802, whereby the testatrix gave a certain portion of a farm owned by her at Greenwich, called Chelsea, and also a house and lot, then occupied by one Thomas Byron, to Benjamin Moore, and two other persons, in trust: 1. To receive the rents, issues and profits thereof, and to pay the same to Thomas B. Clarke, son of her late son Clement, during…
1Opinion of the Court
By the Court,
Bronson, J.
The plaintiff makes and relies on the following objections to the defendant’s title : 1. That the several acts of the legislature, passed on the application of Thomas B. Clarke, are, as against his children, unconstitutional and void ; 2. That the orders of the chancellor were not made in pursuance of the acts of the legislature; and 3. That the deed of Clarke to De Grasse was not made in pursuance of the order of the chancellor, inasmuch as it was not at the time approved by a master in chancery.
The validity of these acts of the legislature was discussed by the…
2Cited by26 opinions
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