Jackson ex dem. Cooder v. Woods
New York Supreme Court
This was an action of ejectment. The jury found a special verdict which in substance stated, that S. Ellis died seised of the premises in question; that the lessors are his heirs; -that the said Ellis in the year 1794, made his will and devised the premises to a person under whom the defendant claims; that.he also thereby devised to one Riley, a lot of land, not part of the premises, for life, and bequeathed to him a legacy of 100Z. and devised another part of his estate to…
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This was an action of ejectment. The jury found a special verdict which in substance stated, that S. Ellis died seised of the premises in question; that the lessors are his heirs; -that the said Ellis in the year 1794, made his will and devised the premises to a person under whom the defendant claims; that.he also thereby devised to one Riley, a lot of land, not part of the premises, for life, and bequeathed to him a legacy of 100Z. and devised another part of his estate to the lessors of the plaintiff, and shortly thereafter died ; that the said Riley also died soon after the testator ; that…
1Opinion of the Court
Lansing, Ch. J.
The decision of this cause depends on the single point, whether the wife of Riley is a credible witness, within the intent of the statute concerning wills. On the question whether a credible witness means a competent witness, since the statute, and whether his credibility or competency shall relate to the time of attestation, or to the time of his examination, much learning and inge- [*164] nuity have been formerly displayed. The arguments of Lord Mansfield and Lord Camden, both deservedly celebrated for their legal discernment, have so fully developed the principles which bear…
2Cases cited1 opinion
- Nason v. ThatcherMassachusetts Supreme Judicial Court · 1811
3Cited by7 opinions
- Sullivan v. SullivanMassachusetts Supreme Judicial Court · 1871
- Fisher v. SpenceIllinois Supreme Court · 1894
- Hodgman v. KittredgeSupreme Court of New Hampshire · 1892
- Jackson ex dem. Beach v. DurlandNew York Supreme Court · 1801
- Winslow v. KimballSupreme Judicial Court of Maine · 1846
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