Sheldon v. Wright
New York Supreme Court
Ejectment, tried at the Cayuga circuit in April, 1848, before Sill, justice. The plaintiff claimed to recover one undivided fourth part of certain premises, being part of lot No. 78 in the town of Brutus, in the county of Cayuga. The cause was tried, by consent of parties, before the justice without a jury.
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Ejectment, tried at the Cayuga circuit in April, 1848, before Sill, justice. The plaintiff claimed to recover one undivided fourth part of certain premises, being part of lot No. 78 in the town of Brutus, in the county of Cayuga. The cause was tried, by consent of parties, before the justice without a jury. Upon the trial the defendant’s counsel admitted that Aaron B. Sheldon, of the town of Brutus, died in the month of February, 1826, seised of the premises in question, leaving four children, of whom the plaintiff was one, who were his only heirs at law. That said children were all infants…
1Opinion of the Court
By the Court, Welles, J.
Various objections were taken by the plaintiff’s counsel to the proceedings before the surrogate, which will be considered in their order. The plaintiff, on the trial, after the proofs were closed, moved for a verdict and judgment in his favor on the following grounds :
I. That the letters of administration granted by the surrogate to Sylvester Willard were void, because 1st. There was no proof before the surrogate of the death or intestacy of said Aaron B. Sheldon; and 2d. That no citation was issued to the next of kin of the deceased, prior to the granting of the said…
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