Emmons v. Cairns
New York Court of Chancery
The bill in this cause was filed in March, 1840, by John Emmons, claiming to be one of the collateral paternal relatives, and as such one of the heirs at law and next of kin of George Rapelje, who died May 5th, 1835, seised and possessed of a very large real and personal estate.
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The bill in this cause was filed in March, 1840, by John Emmons, claiming to be one of the collateral paternal relatives, and as such one of the heirs at law and next of kin of George Rapelje, who died May 5th, 1835, seised and possessed of a very large real and personal estate. His last will and testament, dated April 5th, 1832, was in the words following: “I George Rapelje of number three hundred and ten (310) Broadway, of the city of New York, gentleman, being of sound and disposing mind and memory, do make this to be my last will and testament, in the manner and form following, hereby…
1Opinion of the Court
The Assistant Vice-Chancellor.
This bill cannot be sustained for the mere purpose of giving a construction to the will of George Rapelje. A decision of the legal questions involved in its construction is not within my province, unless those questions arise incidentally in this court in the exercise of its legitimate powers, and where the court has obtained jurisdiction of the case for some' other purpose. (Bowers v. Smith, before the Chancellor.)(a)
*375There are two grounds of jurisdiction which are pressed by the counsel who desire a judicial construction of the will.
First. Assuming that the…
2Cases cited4 opinions
- Covenhoven v. ShulerNew York Court of Chancery · 1830
- Bowers v. SmithNew York Court of Chancery · 1843
- Irving v. De KayNew York Court of Chancery · 1842
- Hone's Executors v. Van SchaickNew York Supreme Court · 1838
3Cited by2 opinions
- Morse v. LymanSupreme Court of Vermont · 1891
- Harris v. HarrisSupreme Court of Vermont · 1906