Clark & wife v. Vorce & Vorce
New York Supreme Court
This was an action of ejectment, tried at the Yates circuit in November, 1836, before the Hon. Daniel Moseley, one of the circuit judges. The plaintiffs claimed one seventh of the premises in question, in right of the wife, one of the plaintiffs, as one of the heirs at law of Allen Vorce ; and the defendants claimed the whole, as devisees under his will.
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This was an action of ejectment, tried at the Yates circuit in November, 1836, before the Hon. Daniel Moseley, one of the circuit judges. The plaintiffs claimed one seventh of the premises in question, in right of the wife, one of the plaintiffs, as one of the heirs at law of Allen Vorce ; and the defendants claimed the whole, as devisees under his will. After the will had been given in evidence, the question litigated being the sanity of the testator, the defendants called Periander Vorce as a witness to support the will. He was a son, and one of the heirs at law of the testator, and but for…
1Opinion of the Court
By the Court,
Bronson, J.
I. The objection to Periander Vorce, as a witness to support the will, cannot be maintained. If he had any interest in the event of the suit, it was adverse to the defendants who called him. The present value of his legacy of $1000, payable in 20 years without interest, was considerably less than his portion of the real estate as heir at law, without any reference to his distributive share of the personal property. He was interested to overturn the will. The plaintiffs rely on Pyke v. Crouch, 1 Ld. Raym. 730, and Goodtitle v. Welford, Doug. 139. In the first case, the…
2Cases cited1 opinion
- Clark v. VorceNew York Supreme Court · 1836
3Cited by9 opinions
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