Rathbone v. Dyckman
New York Court of Chancery
Peter Cone Dyckman died in April, 1824, leaving the complainant his widow, and the defendant Eliza Letitia Cone Dyckman his only child, then an infant, under two years of age. At the time of his death, P. C. Dyckman owned a farm and dwelling house in the county of Westchester, and two houses and lots in the city of New-York. He also was possessed of personal estate to the amount of about $34,000, which was principally vested in bonds and mortgages, and stocks.
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Peter Cone Dyckman died in April, 1824, leaving the complainant his widow, and the defendant Eliza Letitia Cone Dyckman his only child, then an infant, under two years of age. At the time of his death, P. C. Dyckman owned a farm and dwelling house in the county of Westchester, and two houses and lots in the city of New-York. He also was possessed of personal estate to the amount of about $34,000, which was principally vested in bonds and mortgages, and stocks. A few days before his death he made a will, executed in due form of law to pass real estate, and thereby, after providing for the…
1Opinion of the Court
The Chancellor.
It was said by Sir William Jones more than two hundred years since, that a case upon a will had-no brother, and therefore that authorities in point in such cases could not be expected. This remark is also true of a great many of the cases which arise at the present time, although the statute of wills as to real property, and the common law as to testamentary dispositions of personal estates, have produced an innumerable progeny since the days of the learned chief justice. In all of these anomalous cases, courts are still compelled to resort' to his general rule of exposition;…
2Cited by7 opinions
- Kelly v. StinsonIndiana Supreme Court · 1847
- Tayloe v. GouldNew York Supreme Court · 1851
- Deering v. AdamsSupreme Judicial Court of Maine · 1853
- Emmons v. CairnsNew York Supreme Court · 1848
- McKinstry v. SandersNew York Supreme Court · 1873
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