Stover v. Eycleshimer
New York Supreme Court
THIS is an appeal from a judgment entered upon the report of a referee. John P. Bycleshimer died on the 10th day of June, 1861, intestate, seised of real and personal estate, and leaving him surviving John L. D. Eycleshimer, his son and heir at law.
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THIS is an appeal from a judgment entered upon the report of a referee. John P. Bycleshimer died on the 10th day of June, 1861, intestate, seised of real and personal estate, and leaving him surviving John L. D. Eycleshimer, his son and heir at law. In September, 1858, the said John L. D. Bysleshimer, for the purpose of securing the payment of a sum of money, amounting to not less than $1500, owing to Caroline M. Sherman, executed and delivered to her an instrument in writing of which the following is a copy: “ Know all men by these presents, that I, John- L. D. Eyscleshimer, of the city of…
1Opinion of the Court
By the Court, Ingalls, J.
The determination of this appeal depends wholly upon the effect which is to be given to the instrument of September, 1858. That instrument is very comprehensive, irrevocably authorizing the said Caroline M. Sherman to demand, sue for, recover and receive all such interest, estate, property and effects, real and personal, which the said John L. D. Eycleshimer then had, or at any time thereafter might have or claim as heir at law, devisee, legatee or next of kin of his father, John P¡ Eycleshimer, and further authorized the said Caroline to settle with the estate, and…
2Cases cited2 opinions
- Jackson ex dem. Varick v. WaldronCourt for the Trial of Impeachments and Correction of Errors · 1834
- Miller v. . EmansNew York Court of Appeals · 1859
3Cited by16 opinions
- Johnston v. . SpicerNew York Court of Appeals · 1887
- McAdams v. BaileyIndiana Supreme Court · 1907
- Dailey v. SpringfieldSupreme Court of Georgia · 1915
- Johnson v. JohnsonSupreme Court of Missouri · 1902
- In re GallagherNew York Surrogate's Court · 1929
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