Fetherly v. Waggoner
New York Supreme Court
This was an action of ejectment, tried at the Albany circuit in September, 1831, before the Hon. James Vanderpoel, one of the circuit judges. The plaintiffs are the heirs at law of Rebecca Fetherly, daughter of Frederick Ramsey, who, in his life time was the owner of a farm of 119. acres of land in the town of Guilderland, whereof he died seised upwards of 30 years before the trial of this cause.
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This was an action of ejectment, tried at the Albany circuit in September, 1831, before the Hon. James Vanderpoel, one of the circuit judges. The plaintiffs are the heirs at law of Rebecca Fetherly, daughter of Frederick Ramsey, who, in his life time was the owner of a farm of 119. acres of land in the town of Guilderland, whereof he died seised upwards of 30 years before the trial of this cause. Frederick Ramsey left five sons and four daughters, one of which daughters, Rebecca, the mother of the plaintiffs, married Philip Fetherly, and died before her husband, who departed this life seven…
1Opinion of the Court
By the Court,
Nelson, J.
There must be a new trial in this cause. It is undoubtedly material to show, in the proof of the regular execution of a will, that the testator signed the same in the presence of all the three subscribing witnesses ; and this we are of opinion was in fact proved, if the jury believed the witness, Alida Truax. She swore expressly that she saw the testator sign the will, that the three witnesses were present, and that she and her husband witnessed it, she being called in for that express purpose. It is true she stated that she did not then remember that Van Valkenburgh…
2Cases cited2 opinions
- Hewlett v. D. & S. CockNew York Supreme Court · 1831
- Jackson ex dem. Donaldson v. LucettNew York Supreme Court · 1805