Dodge v. . Manning
New York Court of Appeals
Appeal from Chancery. The appellant .filed her hill before the Vice Chancellor of the Fourth Circuit, against the respondents and John B. Borst, in which the case was stated in substance as follows: John I. Becker, of Middleburgh, Schoharie county, died in or about the year 1804, having first made his last will and testament, by which, after devising twenty acres of land to his daughter Caty, the wife of Michael Borst, he gave all the residue of his estate, real and…
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Appeal from Chancery. The appellant .filed her hill before the Vice Chancellor of the Fourth Circuit, against the respondents and John B. Borst, in which the case was stated in substance as follows: John I. Becker, of Middleburgh, Schoharie county, died in or about the year 1804, having first made his last will and testament, by which, after devising twenty acres of land to his daughter Caty, the wife of Michael Borst, he gave all the residue of his estate, real and personal, to his wife Cornelia during her life, and after her death to the defendant, John B. Borst, who was his grand-son, if…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] One of the reasons, if not the principal one, assigned by the Chancellor for a decree dismissing the bill as to the respondents, is, that the legacy to recover which the bill was filed, had been paid; and this conclusion is supposed to be justified by the lapse of time and the evidence of one of the witnesses. If I do not misapprehend the effect of the will, no presumption of payment can be derived from the lapse of time. It is true that according to one clause…
2Cited by15 opinions
- Brown v. . KnappNew York Court of Appeals · 1879
- Matter of RutherfurdNew York Court of Appeals · 1909
- Williams v. NicholSupreme Court of Arkansas · 1886
- Porter v. JacksonIndiana Supreme Court · 1884
- In re ReimersNew York Surrogate's Court · 1929
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