Jackson ex dem. Beach v. Durland
New York Supreme Court
This was an action of ejectment for land, in Goshen, in the county of Orange. The following facts appeared from the special verdict, found at the circuit. Thomas Beach, being seised of the premises in question, on the 18th May, 1795, made his last will and testament, as follows: “ I give my loving wife, Martha Beach, the use and benefit of the house I now live in, and all my lands and tenements, lying in the county of Orange, aforesaid, during her natural life.
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This was an action of ejectment for land, in Goshen, in the county of Orange. The following facts appeared from the special verdict, found at the circuit. Thomas Beach, being seised of the premises in question, on the 18th May, 1795, made his last will and testament, as follows: “ I give my loving wife, Martha Beach, the use and benefit of the house I now live in, and all my lands and tenements, lying in the county of Orange, aforesaid, during her natural life. And I do also give her,” &c. “ I give and devise to Thomas Durland, son of Joseph Durland, and to his heirs and his assigns for ever,…
1Per curiam
The first point comes within the decision of this court, in the case of Jackson, ex dem. Cooder and others v. Wood. (See 1 Johns. Cas. 163.) It was decided in that case, that a devise to the husband, in a will to which the wife was a subscribing witness, was void ■ by the statute equally as if the husband himself had attested the will; and that this arose from the unity of husband and wife, who were regarded in law as one person; and a devise to the one i was considered, in respect to the competency to attest, as a *devise to the other. The devise to the husband being void, the wife was held…
2Cases cited2 opinions
- Dingley v. DingleyMassachusetts Supreme Judicial Court · 1809
- Jackson ex dem. Cooder v. WoodsNew York Supreme Court · 1799
3Cited by3 opinions
- Sullivan v. SullivanMassachusetts Supreme Judicial Court · 1871
- Hodgman v. KittredgeSupreme Court of New Hampshire · 1892
- Fortune v. BuckSupreme Court of Connecticut · 1854