Legal Opinion

Jackson v. Edwards

New York Court of Chancery

Decided January 28, 1839PublishedCited by 48 opinions

This case came before the court upon five different appeals, by the complainants, from five distinct orders of the vice chancellor of the first circuit, refusing to compel the respondents respectively, who were purchasers at the master’s sale of different portions of the premises directed to be sold under the decree in partition in "this suit, to complete their purchases.

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This case came before the court upon five different appeals, by the complainants, from five distinct orders of the vice chancellor of the first circuit, refusing to compel the respondents respectively, who were purchasers at the master’s sale of different portions of the premises directed to be sold under the decree in partition in "this suit, to complete their purchases. The premises were situated in the city of New-York, and were sold in February, 1837, as and for good titles. The respondents respectively objected to the title which the purchasers would acquire under the master’s deed; and…

1Opinion of the Court

The Chancellor.

The objection to the title on the ground of the supposed invalidity of the will of Henry Jackson is not well taken. In the original report upon the title the master reported in favor of the due execution of the will. This was sufficient prima facie, as the will had been proved before the surrogate as a will of real and personal estate. But if the will was not duly executed then the premises in question descended to the heirs at law of the decedent; all of whom were parties to this suit except Mrs. Meriam who released her interest in the premises to others who were defendants.…

2Cases cited2 opinions

  1. Coles v. ColesNew York Supreme Court · 1818
  2. Matthews v. MatthewsNew York Court of Chancery · 1833

3Cited by48 opinions

  1. Simar v. . CanadayNew York Court of Appeals · 1873
  2. Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1883
  3. Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1881
  4. Haggerty v. WagnerIndiana Supreme Court · 1897
  5. Denton v. NannyNew York Supreme Court · 1850

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