Jackson ex dem. Howard v. Holloway
New York Supreme Court
THIS was an action of ejectment for land in Duchess' county. William Holloway, under whom the lessors of the plaintiff claimed, as heirs at law, died about the year 1794, leaving four sons, William, Joseph, John and Justus->and six daughters, Hannah, Sarah, Margaret, Alice ^ and Mary. Since the decease of the ancestor, J J Hannah, one of the daughters died, leaving three sons and two daughters, her heirs; and the ancestor’s daughter Mary also died leaving other two children.
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THIS was an action of ejectment for land in Duchess' county. William Holloway, under whom the lessors of the plaintiff claimed, as heirs at law, died about the year 1794, leaving four sons, William, Joseph, John and Justus->and six daughters, Hannah, Sarah, Margaret, Alice ^ and Mary. Since the decease of the ancestor, J J Hannah, one of the daughters died, leaving three sons and two daughters, her heirs; and the ancestor’s daughter Mary also died leaving other two children. The lessors are the four daughters of the ancestor, who are yet living, and the heirs of the two deceased daughters ;…
1Per curiam
The obliterations in the will were made, not with an intent to destroy the devise already made, but to enlarge it, by extending it to lands subsequently acquired. The testator, however, failed in making interlineations and corrections which could operate, from not having- the amendments attested according to law. The obliterations cannot, therefore, destroy the previous devise, for that was not the testator’s intention. The mere act of cancelling is nothing, unless it be done animo revocandi. Here the devise was left untouched, and the only alteration was to embrace other lands in the same…
2Cited by26 opinions
- Barnewall v. MurrellSupreme Court of Alabama · 1895
- Brown v. . ClarkNew York Court of Appeals · 1879
- In re the Probate of a Paper Propounded as the Last Will & Testament of AkersAppellate Division of the Supreme Court of the State of New York · 1902
- Sanderson v. NorcrossMassachusetts Supreme Judicial Court · 1922
- In Re the Probate of the Will of TremainNew York Court of Appeals · 1940
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