Nicholson v. Halsey
New York Court of Chancery
THOMAS NICHOLSON, (the brother of the plaintiff, John,) and John Cantine, now deceased, made a joint location on 4,132 acres of land in the township of Chemung ; and before they obtained the patent, Nicholson died, the 4th of January, 1792. A patent was, afterwards, issued to Can-tine for the lot No. 122., containing 4,000 acres, one moiety of which he held as trustee for the heirs of Thomas Nicholson, deceased, who died intestate, without issue, leaving his wife Rebecca,…
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THOMAS NICHOLSON, (the brother of the plaintiff, John,) and John Cantine, now deceased, made a joint location on 4,132 acres of land in the township of Chemung ; and before they obtained the patent, Nicholson died, the 4th of January, 1792. A patent was, afterwards, issued to Can-tine for the lot No. 122., containing 4,000 acres, one moiety of which he held as trustee for the heirs of Thomas Nicholson, deceased, who died intestate, without issue, leaving his wife Rebecca, enseint of a female child, born in May, 1792, and named Eliza Bradner. Before the 19th of November, 1792, Cantine, by an…
1Opinion of the Court
The Chancellor.
This is*a claim to the inheritance made by the paternal uncle of Eliza B. Nicholson, against her brothers and sisters of the half-blood.
The statute of descents says, that brothers and sisters of the half blood shall inherit equally with those of the whole blood, unless the inheritance come by descent, devise, or gift, of some ancestor of the person dying seised, in which *422case all who are not of the blood of such ancestor are excluded.
Eliza B. Nicholson died in infancy, seised in fee of a . moiety of 4,000 acres of land in Chemung, and of the whole of lot No. 24., in Romulus,
The…
2Cited by12 opinions
- Smith v. . RyanNew York Court of Appeals · 1908
- Mitchell v. MooreSupreme Court of Iowa · 1868
- Hill v. HeardSupreme Court of Arkansas · 1912
- In re the Accounting of NochomovNew York Surrogate's Court · 1954
- Parszyk v. MachSouth Dakota Supreme Court · 1898
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