Livingston v. Newkirk
New York Court of Chancery
THE bill, the 26th of November, 1812, stated, that letters patent were granted the 8th of July, 1790, to John Earnest Pier, for lot No. 6, in the township of Mar« cellus. In 1791, Pier sold the lot to Peter Schuyler, for thirty pounds, and by writing under his hand and seal, sold and conveyed, or covenanted to sell or convey, the said lot, for the consideration aforesaid, to P. S: in fee, and delivered the deed to him.
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THE bill, the 26th of November, 1812, stated, that letters patent were granted the 8th of July, 1790, to John Earnest Pier, for lot No. 6, in the township of Mar« cellus. In 1791, Pier sold the lot to Peter Schuyler, for thirty pounds, and by writing under his hand and seal, sold and conveyed, or covenanted to sell or convey, the said lot, for the consideration aforesaid, to P. S: in fee, and delivered the deed to him. P. S., on the 24th of November, 1786, made his will, and devised the residue of his real and personal estate, after payment of his debts, to his wife, Gertrude, in fee. P. S.…
1Opinion of the Court
The Chancellor.
1. The first question upon this case is, whether the plaintiffs were not, upon the death of Peter Schuyler, entitled, as his heirs at law, to lot No. 6, in Marcellus.
The will of the testator was made on the 24th of Novemher, 1786, and it was not afterwards altered or republished with the solemnities required by law. The will, therefore, did not, and could not, affect lands subsequently acquired.
It appears from the pleadings and proofs, that the testator, after making his will, purchased, or contracted to purchase, the lot in question, and that he received from John Earnest…
2Cited by7 opinions
- Roberts v. BartlettMissouri Court of Appeals · 1887
- Boylan v. MeekerSupreme Court of New Jersey · 1860
- Brown v. CascadenSupreme Court of Iowa · 1876
- Leavitt v. WoosterSuperior Court of New Hampshire · 1844
- Perry v. HaleSupreme Court of New Hampshire · 1860
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