Chamberlain v. Chamberlain
New York Supreme Court
Appeals taken from judgment recovered under the direction of the Special Term, held in Cattaraugus county, before the Hon. G-eorge Barker, one of the justices of this court, in an action brought to determine the validity of the will of Benjamin Chamberlain, deceased.
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Appeals taken from judgment recovered under the direction of the Special Term, held in Cattaraugus county, before the Hon. G-eorge Barker, one of the justices of this court, in an action brought to determine the validity of the will of Benjamin Chamberlain, deceased. At the time when the will was executed, the testator resided in the county of Cattaraugus, and the execution of the same took place at West Randolph, in that county, on the 17th of December, 1867. The testator departed this life on the 10th of February, 1868, at the village of Ellicottville, in that county. . He left a widow, but…
1Opinion of the CourtDaniels, J.
The plaintiff in this action is the brother of the testator, and, as such, entitled by descent and under the statute of distributions to inherit and participate in his real and personal estate, so far as it may prove not to have been lawfully and effectually disposed of by means of his will. Ho objection has been taken in the case to his right to maintain this suit, as an action in equity, for the purpose of procuring the determination of this court upon the validity of the devises and bequests made by the testator of his real and personal estate; and none, therefore, will be considered, in…
2Cases cited18 opinions
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- Trustees of the Philadelphia Baptist Ass'n v. Hart's ExecutorsSupreme Court of the United States · 1819
- Phelps' v. . PondNew York Court of Appeals · 1861
- Bascom v. . AlbertsonNew York Court of Appeals · 1866
- Levy v. . LevyNew York Court of Appeals · 1865
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3Cited by5 opinions
- Tabernacle Baptist Church v. Fifth Avenue Baptist ChurchAppellate Division of the Supreme Court of the State of New York · 1901
- In re Brooklyn Trust Co.New York Surrogate's Court · 1915
- Estate of McGraw v. Cornell UniversityNew York Supreme Court · 1887
- Estate of McGraw v. Cornell UniversityNew York Supreme Court · 1887
- Sheldon v. ChappellNew York Supreme Court · 1888