Jackson ex dem. Bush v. Hasbrouck
New York Supreme Court
THIS was an action of ejectment, for a farm in Marbletown„ J ’ 5 m Ulster county, and was tried at the Ulster circuit, in Novemher, 1812, before Mr. Justice ran Ness. A witness for the plaintiff aged 70 years, testified, that he wasywell acquainted with the premises in question, which belonged to Simeon Van Wagenen, who died seised thereof in l^6ff leaving three sons and five daughters.
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THIS was an action of ejectment, for a farm in Marbletown„ J ’ 5 m Ulster county, and was tried at the Ulster circuit, in Novemher, 1812, before Mr. Justice ran Ness. A witness for the plaintiff aged 70 years, testified, that he wasywell acquainted with the premises in question, which belonged to Simeon Van Wagenen, who died seised thereof in l^6ff leaving three sons and five daughters. That Van Wagenen ma^e a WM) which was in the possession of his children a^er his death, by which he devised to them, respectively, rea* and personal estate, and which they held, according to the will. Hendrick…
1Per curiam
The motion for a new trial must be denied. The only question in the case, is, whether there was such evidence of the loss of the will of Simeon Van Wagenen, as to authorize the admission of paroi proof of it. The witnesses who speak of the- acknowledgments and declarations of the Van Wagenens, as to the loss of the will, are inconsistent and contradictory. They would seem, however, to trace the will, or a copy of it, into the possession of Peter Hermance. But there was no proof of any inquiry having been made of Hermance for it. The testimony does not warrant the conclusion of an absolute…
2Cited by6 opinions
- Dan v. BrownNew York Supreme Court · 1825
- Jackson ex dem. Brown v. BettsNew York Supreme Court · 1826
- Murray v. BuchananIndiana Supreme Court · 1845
- Palmer v. LoganIllinois Supreme Court · 1841
- Eure v. . PittmanSupreme Court of North Carolina · 1824
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