Jackson ex dem. Coe v. Kniffen
New York Supreme Court
This was an action of ejectment, for land, in New-burgh, in the county of Orange. The cause was tried at the Orange circuit, in May, 1805,'before Mr. Justice Thompson. The lessors of the plaintiff claimed title to the premises in question, as heirs at law, and by conveyance from the heirs at law, of David Kniffen, who died in January, 1804. The plaintiff proved title, prima facie. The defendant then offered the will of David Kniffen, in evidence.
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This was an action of ejectment, for land, in New-burgh, in the county of Orange. The cause was tried at the Orange circuit, in May, 1805,'before Mr. Justice Thompson. The lessors of the plaintiff claimed title to the premises in question, as heirs at law, and by conveyance from the heirs at law, of David Kniffen, who died in January, 1804. The plaintiff proved title, prima facie. The defendant then offered the will of David Kniffen, in evidence. It was dated February 1,1801, and executed in presence of three w'itnessess. The testator gave to his son $3, and to each of his daughters $5, and…
1Opinion of the CourtThompson, J.
This case was submitted to the court without argument. It appears, that the right of the re*33spective parties to the premises in question, depends on the validity of the will of Daniel Kniffen, under which the defendant claims. The lessors of the plaintiff contend, that the will is void. To establish this, they offered, upon the trial, to prove certain parol declarations, by the testator, after the due execution of his will, some of which were made a few hours before his death, purporting that he had executed his will through fear and compulsion, and that he revoked the same. This testimony was…
2Cited by54 opinions
- Throckmorton v. HoltSupreme Court of the United States · 1901
- Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
- Richard Joseph Belk v. James D. PurkettCourt of Appeals for the Eighth Circuit · 1994
- In Re Proving the Last Will & Testament of KennedyNew York Court of Appeals · 1901
- Waterman v. . WhitneyNew York Court of Appeals · 1854
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