Doe v. Roe
New York Supreme Court
This was a feigned issue from the equity court of the third circuit, tried at the Scoharie circuit, in June, 1827, before the Hon. William A. Duer, one of the circuit judges. The question sent down to be tried was, whether John Jost Sidney, by his last will and testament, had devised to his nephew John Jost Sidney, his (the testator’s) share of lot No. 136, in a tract of land granted to Mynderf Schuyler and others, called the old Schoharie patent.
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This was a feigned issue from the equity court of the third circuit, tried at the Scoharie circuit, in June, 1827, before the Hon. William A. Duer, one of the circuit judges. The question sent down to be tried was, whether John Jost Sidney, by his last will and testament, had devised to his nephew John Jost Sidney, his (the testator’s) share of lot No. 136, in a tract of land granted to Mynderf Schuyler and others, called the old Schoharie patent. The last will and testament of John Jost Sidney, bearing date 14th June, 1813, was produced, the due execution whereof was admitted. It was also…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The plaintiff avers that there is a latent ambiguity in the will of the testator, which must be explained by parol proof; while it-is contended by the defendant, that the will is free from ambiguity, and at all events, that the testimony of the scrivener who drew the will, cannot be admitted.
The numerous cases found in the books, many of which were cited upon the argument, are not easily reconcileable. An attempt to reconcile them does not, however, appear to me necessary to a satisfactory decision of this cause. The rule itself is not controverted, that if there…
2Cited by16 opinions
- Decker v. DeckerIllinois Supreme Court · 1887
- Van Kleeck v. Dutch ChurchNew York Supreme Court · 1838
- Dodge v. PotterNew York Supreme Court · 1854
- Slater v. BreeseMichigan Supreme Court · 1877
- Mason v. WhiteNew York Supreme Court · 1851
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