Jackson ex dem. Decker v. Merrill
New York Supreme Court
THIS was an action of ejectment, for lands in Richmond county. The declaration contained joint and several demises, from Richard Decker and his wife, John Merrill, Richard Merrill, and Anne Merrill, as lessors of the plaintiff. This cause was tried, at the Richmond circuit, on the 26th of May, 1809, before Mr. Justice Spencer.
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THIS was an action of ejectment, for lands in Richmond county. The declaration contained joint and several demises, from Richard Decker and his wife, John Merrill, Richard Merrill, and Anne Merrill, as lessors of the plaintiff. This cause was tried, at the Richmond circuit, on the 26th of May, 1809, before Mr. Justice Spencer. The lessors claimed title under the will of John Decker, de- ^ * ceased, who was the father of the husband of the * defendant, ■ Anne Merrill, who was ' in possession, and claimed to hold under the same will. The will was dated the 14th of April, 1733 ; the parts…
1Opinion of the CourtThompson, J.
delivered the opinion of the court, The lessors of the plaintiiF claim title to the premi -.es in question, under the will of John Decker., deceased, bear-*190mg date the 14th of April, 1758. From this will, although inartificially drawn, it is clearly to be collected, that the intention of the testator was, to give to his wife the use of all his estate, real and personal, during her wi- • dowhood; after which, his three sons were to take the real estate, charged with the payment of thirty five pounds, to each of his three daughters ; his personal estate to be equally divided amongst all his…
2Cited by19 opinions
- Prowitt v. . RodmanNew York Court of Appeals · 1867
- Carter v. GrayNew Jersey Court of Chancery · 1899
- Jackson ex dem. Staats v. StaatsNew York Supreme Court · 1814
- Benkert v. JacobySupreme Court of Iowa · 1873
- In re the Will of EmbiricosNew York Surrogate's Court · 1944
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