Jackson ex dem. Staats v. Staats
New York Supreme Court
THIS was an action of ejectment for an undivided share of land in possession of the defendants, in Kinderhooh, tried before Mr. Justice Fan Ness, -at the Columbia circuit, in Scptemher, 1813, when a verdict was taken for the plaintiff, subject to the opinion of the court on the following case: Abraham Staats, the second, on the 24th September, 1731, made his last will and testament, and soon after died, seised in fee of the premises in question.
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THIS was an action of ejectment for an undivided share of land in possession of the defendants, in Kinderhooh, tried before Mr. Justice Fan Ness, -at the Columbia circuit, in Scptemher, 1813, when a verdict was taken for the plaintiff, subject to the opinion of the court on the following case: Abraham Staats, the second, on the 24th September, 1731, made his last will and testament, and soon after died, seised in fee of the premises in question. By this will the testator devised to his wife, during her widowhood, all his farm, orchards, barns, lands, &c. and all his goods, &c. To his eldest…
1Opinion of the CourtSpencer, J.
[After stating the facts in the case.] It is to be inferred, though this case does not expressly state it, that all the children of Abraham Staats the second, are dead ; it is left uncertain from the case, which of the children of the testator, Abraham Staats the second, survived the others. Joachim and Johannis appear to have survived all their brothers and sisters, but the fact does not appear, which of them survived the other, and this may be a very material consideration. It is stated in one of the points made by the counsel that Joachim survived all his brothers and sisters, and that…
2Cases cited1 opinion
- Jackson ex dem. Decker v. MerrillNew York Supreme Court · 1810
3Cited by18 opinions
- Hennessy v. . PattersonNew York Court of Appeals · 1881
- Chrystie v. . PhyfeNew York Court of Appeals · 1859
- Randall v. JosselynSupreme Court of Vermont · 1887
- Guernsey v. . GuernseyNew York Court of Appeals · 1867
- Wilson v. WilsonNew York Supreme Court · 1860
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