Legal Opinion

Bradwell v. Weeks

Court for the Trial of Impeachments and Correction of Errors

Decided March 15, 1815PublishedCited by 4 opinions

THIS was an appeal from the court of chancery. John Bradwell, the intestate, a native- of England, residing at Flushing, in Queen’s county, Long Island, died, in August, 1812, intestate, without issue, leaving a widow, and a clear personal estate, after payment of all debts, &c., of 6,219 dollars and 51 cents.

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THIS was an appeal from the court of chancery. John Bradwell, the intestate, a native- of England, residing at Flushing, in Queen’s county, Long Island, died, in August, 1812, intestate, without issue, leaving a widow, and a clear personal estate, after payment of all debts, &c., of 6,219 dollars and 51 cents. The intestate had four brothers, named Benjamin, Jonathan, Joseph, and Peter; and, in 1802, he removed from England, with his brother Benjamin, and settled in this state. Benjamin died, about 10 years ago, in the city of New-York, leaving thrée sons, Benjamin, WillicCm, and John,…

1Opinion of the Court

The Chancellor

assigned the reasons for his decree, which were the same as those expressed in the judgment of the court below. (See 1 Johns. Ch. Rep. 206.)

Yates, J.

The question is, whether the appellants are entitled to a moiety of the intestate’s personal estate, to the exclusion of two of his brothers, and the children of another deceased brother, who are admitted to be alien enemies at the time of the intestate’s death.

The principle, that wars ought not to interfere with thopersonal property of an alien, in an enemy’s country, or with the security and collection of debts, has, in modern…

2Cases cited1 opinion

  1. Bradwell v. WeeksNew York Court of Chancery · 1814

3Cited by4 opinions

  1. Fleming v. PotterSupreme Court of Pennsylvania · 1838
  2. Heirn v. BridaultMississippi Supreme Court · 1859
  3. In re the Judicial Settlement of the Account of Central Union Trust Co.New York Surrogate's Court · 1922
  4. The HudsonDistrict Court, S.D. New York · 1846

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