Dan v. Brown
New York Supreme Court
On petition of partition, under the act for the partition of land. (1 R. L. 507.) The plaintiffs presented their petition to the Supreme Court, for the partition of certain lands laying in the county of Rensselaer.
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On petition of partition, under the act for the partition of land. (1 R. L. 507.) The plaintiffs presented their petition to the Supreme Court, for the partition of certain lands laying in the county of Rensselaer. The defendants pleaded non tenent insimul, and annexed to the plea a notice, that Benajah Brown, senior, previous to his death, made and executed his will, in due form of law, for the passing of real property, and at the time of his death, left the same will unrevoked and uncancelled, by which he devised to the defendants the whole of the real property mentioned in the petition.…
1Opinion of the Court
Curia, per
Woodworth, J,
The will of Benajah Brown was proved by one of the subscribing witnesses. He stated that it was executed in presence of himself, James Mallory and another person, whose name he did not recollect ; but had no doubt of his being a credible witness. This-was all the evidence that could be expected, under the circumstances of the case. It was, prima.facie, sufficient. In the case of Hands v. James, (Com, Rep. 531,) where all the witnesses were dead, it was submitted to the jury to determine, whether the witnesses to the will set their names in the presence of the testator,…
2Cases cited2 opinions
- Jackson ex dem. Roman v. SidneyNew York Supreme Court · 1815
- Jackson ex dem. Bush v. HasbrouckNew York Supreme Court · 1815
3Cited by46 opinions
- In Re Proving the Last Will & Testament of KennedyNew York Court of Appeals · 1901
- Barson v. . MulliganNew York Court of Appeals · 1908
- In re the Probate of a Paper Propounded as the Last Will & Testament of AkersAppellate Division of the Supreme Court of the State of New York · 1902
- Roberts v. TrawickSupreme Court of Alabama · 1848
- In Re the Revocation of the Probate of the Will of MyerNew York Court of Appeals · 1906
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