Smith ex dem. Roosevelt v. Van Dursen
New York Supreme Court
THIS was an action of ejectment, for part of lot No. 60, in the town of Mentz, in Cayuga county. The parties agreed upon a case, containing the following facts, for the opinion of the court.
Read the full summary
THIS was an action of ejectment, for part of lot No. 60, in the town of Mentz, in Cayuga county. The parties agreed upon a case, containing the following facts, for the opinion of the court. Peter Elszoorth, an officer in the Nczo-York line during the revolutionary war, and as such, entitled to bounty land, made and published his last will and testament, dated May 2d, 1781, by which he devised all his real and personal estate, whatsoever, or wheresoever, to his father William ’ ’ Elszoorth, whom he authorized and directed to sell his real . . estate, and appointed him his sole executor. P.…
1Opinion of the CourtSpencer, J.
It is scarcely necessary after so many decisions upon the points arising in this case, to do more than briefly state the facts, and refer to the cases decided.
Peter Elsworth, the patentee of the lot, of which the premises in question are a part, was an officer in the revolutionary war, in the line of this state, and as such entitled to a grant of bounty lands ; the patent to him was a fulfilment, on the part of the state, of the engagement to give the lands. *345He died in May, 1781, and by his will duly executed, he devised to his father, William Elsworth, all his real and personal estate…
2Cases cited1 opinion
- Jackson ex dem' Sherwood v. PhelpsNew York Supreme Court · 1805
3Cited by4 opinions
- Jackson ex dem. Eden v. VarickNew York Supreme Court · 1827
- Clark v. HornthalMississippi Supreme Court · 1872
- Kidwell v. BrummagimCalifornia Supreme Court · 1867
- Ferre v. American Board of Commissioners for Foreign MissionsSupreme Court of Vermont · 1880