Jackson ex dem. Burhans v. Blanshan
New York Supreme Court
1 HIS was an action oí ejectment, tor lands in the town 0p jjurley jn the county of Ulster. The cause was tried J J before Mr. Justice Spencer, at the Ulster circuit, in 1807. The lessors of the plaintiff claimed title under the will 0f Matthys Blanshan, the father of Brachie, one of the ■ . . lessors of the plaintiff.
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1 HIS was an action oí ejectment, tor lands in the town 0p jjurley jn the county of Ulster. The cause was tried J J before Mr. Justice Spencer, at the Ulster circuit, in 1807. The lessors of the plaintiff claimed title under the will 0f Matthys Blanshan, the father of Brachie, one of the ■ . . lessors of the plaintiff. It was proved that the defendants were possession, and that the premises in question were part of the real estate of the testator, who died in 1780 or U81, leaving six children, all of whom were dead, except Brachie, and all left issue, except Matthew; that 1 , 1 Matthezv died…
1Opinion of the CourtSpencer, J.
The questions ih this dase are, whether the will of Matthys Blanshan, was well proved ; and whether Brachie, the wife of the lessor, alone took the share of Matthias, one of the children of the testator ?
It has been decided in this court, that a will stood upon the same footing as a deed, with respect to proof; and that an ancient will was subject to the same rule of evidence as an ancient deed." The will is dated the 21st of April, 1770; but the testator-did not die until 17S0 or 1781. A will does not take effect until the testator’s death; but it conveys only the lands of which he was…
2Cases cited1 opinion
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