Anderson v. Jackson
New York Supreme Court
THIS was an action of ejectment for land in West Chester. The defendant in the Court below pleaded the general issue; and the cause was tried at the West Chester circuit, in June, 1817, before Mr. Justice Van Ness, when a Special verdict was found, containing the following facts: Medcef Eden, the elder, being seised, in fee, of the premises in question, and having issue, two sons, named Joseph and Medcef, on the 29th of August, 1798, made his will, and, among other things,…
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THIS was an action of ejectment for land in West Chester. The defendant in the Court below pleaded the general issue; and the cause was tried at the West Chester circuit, in June, 1817, before Mr. Justice Van Ness, when a Special verdict was found, containing the following facts: Medcef Eden, the elder, being seised, in fee, of the premises in question, and having issue, two sons, named Joseph and Medcef, on the 29th of August, 1798, made his will, and, among other things, devised as follows : “ I give my son Joseph (describing various parcels of real estate in the city of New-York,) also,…
1Opinion of the Court
The Chancellor.
This case turns upon the construction of the will of Medcef Eden, the elder.
The will was made in 1798, and the testator devised the premises in dispute to his son Joseph, and to his heirs and assigns for ever. He gave other lands, in like manner, to bis son Medcef, and then, in a. subsequent part of the will, directs, that “ifeither of his said sons should depart this life *398without lawful issue, his share or part shall go to the sur> vivor; and in case of both their deaths, without lawful issue, then he gave all the property over to bis brother and sister, and their heirs.”
After…
2Cited by55 opinions
- Johnson v. EisentragerSupreme Court of the United States · 1950
- Hart v. BurnettCalifornia Supreme Court · 1860
- Pond v. BerghNew York Court of Chancery · 1843
- Techt v. . HughesNew York Court of Appeals · 1920
- Edgerly v. BarkerSupreme Court of New Hampshire · 1891
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