Legal Opinion

Hoes v. Van Hoesen

New York Court of Chancery

Decided April 7, 1846PublishedCited by 16 opinions

This was an appeal, by the defendant, from a decree of the late vice chancellor of the third circuit. Matthew Van Hoesen died in 1817, seised of a farm in Columbia county worth nine or ten thousand dollars, and possessed of personal property, exclusive of farming utensils, furniture, and stock on the farm, of the value of about $5000. He left a widow, and three sons, John, the defendant in this suit, George and Lambert, and three daughters, Maria, now the wife of C. C. Hoes,…

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This was an appeal, by the defendant, from a decree of the late vice chancellor of the third circuit. Matthew Van Hoesen died in 1817, seised of a farm in Columbia county worth nine or ten thousand dollars, and possessed of personal property, exclusive of farming utensils, furniture, and stock on the farm, of the value of about $5000. He left a widow, and three sons, John, the defendant in this suit, George and Lambert, and three daughters, Maria, now the wife of C. C. Hoes, and Ann, the Wife of A. Hager, the complainants in this suit, and Jane; his’ only children and heirs at law. By his…

1Opinion of the Court

The Chancellor.

If the vice chancellor was right in supposing that the releases were invalid, and that the legacies were not primarily chargeable upon the interest of the testator in that part of the personal estate which was not disposed of, by the will, after the termination of the widow’s life estate therein, the decree is wrong as to the portions of the unbequeathed interest to which the complainants are entitled. Where a reversionary interest in personal property is not disposed of by the will of a testator, it does not necessarily belong to those who may happen to be his next of kin at…

2Cases cited4 opinions

  1. Lyman v. ClarkMassachusetts Supreme Judicial Court · 1812
  2. Tole v. HardyNew York Supreme Court · 1826
  3. Kelsey v. DeyoNew York Supreme Court · 1824
  4. Brunt v. BruntNew York Court of Chancery · 1834

3Cited by16 opinions

  1. Clark v. . CammannNew York Court of Appeals · 1899
  2. Lefevre v. . LefevreNew York Court of Appeals · 1875
  3. Greenland v. . WaddellNew York Court of Appeals · 1889
  4. Doane v. . Mercantile Trust Co.New York Court of Appeals · 1899
  5. Mitchell v. MitchellAppellate Division of the Supreme Court of the State of New York · 1915

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