Heyer v. Burger
New York Court of Chancery
Andrew Heyer,the complainant,married Sarah Heyer, now deceased, in the year 1825 or 1826. She was at that time in possession of certain real estate, which had belonged to her former husband, of a leasehold interest in a house and lot in New-York, and of certain personal estate.
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Andrew Heyer,the complainant,married Sarah Heyer, now deceased, in the year 1825 or 1826. She was at that time in possession of certain real estate, which had belonged to her former husband, of a leasehold interest in a house and lot in New-York, and of certain personal estate. In consequence of violent and abusive conduct on the part of the complainant, a separation was agreed upon, and articles to that effect were executed in the month of May, 1832. The date being omitted, the time of the execution is fixed by the testimony to have been the 23d of May. The agreement was made between Andrew…
1Opinion of the Court
The Assistant Vice-Chancellor:
The bill is filed by the husband for the purpose of having the articles of separation declared void in themselves; that if originally valid, they have been abrogated and were not in force at the date of the will; hence to establish that the will was inoperative ; impeaching it also on the ground of incapacity; and calling upon the executors to deliver and pay over the personal property, or avails of personal property, in their hands.
The bill calls for an answer under oath.
The first branch of the cause relates to the articles of separation. The second to the…
2Cases cited6 opinions
- Brown v. KeeneSupreme Court of the United States · 1834
- Clark v. FisherNew York Court of Chancery · 1828
- Grandin v. Le Roy & SmythNew York Court of Chancery · 1831
- Colton v. RossNew York Court of Chancery · 1831
- Rogers v. RogersNew York Court of Chancery · 1834
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3Cited by10 opinions
- Hutton v. . BenkardNew York Court of Appeals · 1883
- Dennis v. PerkinsSupreme Court of Kansas · 1913
- Ex Parte EllisCourt of Criminal Appeals of Texas · 1897
- In re the Estate of WorkNew York Surrogate's Court · 1912
- In re the Estate of LeslieNew York Surrogate's Court · 1915
5 more not listed; retrieve them via the Exa API.