Pond v. Bergh
New York Court of Chancery
The bill in this case was filed, to obtain a partition of sixteen parcels of land in the county of Schoharie. And upon the coming in of the master’s report, as to the rights and interests of the parties in the several parcels respectively, various questions arising upon the construction and effect of wills and conveyances under which portions of the premises were claimed, were presented to the chancellor for decision.
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The bill in this case was filed, to obtain a partition of sixteen parcels of land in the county of Schoharie. And upon the coming in of the master’s report, as to the rights and interests of the parties in the several parcels respectively, various questions arising upon the construction and effect of wills and conveyances under which portions of the premises were claimed, were presented to the chancellor for decision. From the pleadings and master’s report the following undisputed facts were established : Philip Bergh the elder, who died in 1789, was the owner of the first seven parcels of…
1Opinion of the Court
The Chancellor.
The first question which I shall consider in this case is whether the niaster has put the right construction upon the 8th, 9th and 10th sections of the chapter of the revised statutes relative to the title to real *148property by descent. (1 R. S. 752.) Under the former statute of descents in this state it was provided, in the case of lineal descendants of the person last seized, that if all the descendants'were of equal degree of consanguinity to him, they should take equally, however remote they might all be from him. And if any of that class had died leaving issue, that such…
2Cases cited2 opinions
- Anderson v. JacksonNew York Supreme Court · 1819
- Jackson ex dem. Roosevelt v. ThurmanNew York Supreme Court · 1810
3Cited by62 opinions
- Phillips v. . DaviesNew York Court of Appeals · 1883
- McNaughton v. . McNaughtonNew York Court of Appeals · 1866
- Wilson v. BoyceSupreme Court of the United States · 1876
- Roehl v. HaumesserIndiana Supreme Court · 1888
- Carley v. . HarperNew York Court of Appeals · 1916
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