Rogers v. Rogers
Court for the Trial of Impeachments and Correction of Errors
Appeal from chancery. The respondents filed their bill in chancery to vacate a sale of lands procured by the appellant, Halsey Rogers, under a judgment of which he was the assignee, obtained originally against Thomas Rogers, senior, (the father of Halsey Rogers and the grandfather of the respondents,) under whom the respondents claimed as devisees.
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Appeal from chancery. The respondents filed their bill in chancery to vacate a sale of lands procured by the appellant, Halsey Rogers, under a judgment of which he was the assignee, obtained originally against Thomas Rogers, senior, (the father of Halsey Rogers and the grandfather of the respondents,) under whom the respondents claimed as devisees. In 1803, Thomas Rogers, senior, made his last will and testament, by which he ordered, first, all his' just debts and funeral charges to be paid; second, he devised to his wife, Abigail Rogers, during her natural life, 75 acres of land, and gave…
1Opinion of the Court
The following opinions were delivered:
By Chief Justice Savage.
The questions in this case in the natural order in which they arise, are the following;
1. Have the complainants an interest in the estate of Thomas Rogers, senior, deceased, by virtue' of the special devise to their father, Thomas Rogers, junior, or as residuary legatees ?
2. Is the codicil to be considered part of the will of Thomas Rogers, senior, deceased ?
3. Was the sale by virtue of the judgment and execution irregular ?
4. Were the promissory notes referred to in the exception to the master’s report properly rejected as being…
2Cited by43 opinions
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Taggart v. . MurrayNew York Court of Appeals · 1873
- Daniel v. WhartenbySupreme Court of the United States · 1873
- Tanner v. LivingstonNew York Supreme Court · 1834
- Chrystie v. . PhyfeNew York Court of Appeals · 1859
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