Bool v. Mix
New York Supreme Court
This was an action of ejectment, tried at the Kings circuit in October, 1833, before the Hon. Ogden Edwards, one of the circuit judges.
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This was an action of ejectment, tried at the Kings circuit in October, 1833, before the Hon. Ogden Edwards, one of the circuit judges. The plaintiffs, Henry W. Bool and Sarah his wife, in right of the plaintiff Sarah, claimed to recover a portion of the premises in question under a devise, in the will of Aert Middagh, executed on the 7th January, 1777, in these words: “And the remainder of my land which joins the-acre and a half before mentioned, I give unto my other two daughters, Margaretta and Magdalena, to be equally divided between them, share and share alike, and to be to them for and…
1Opinion of the Court
By the Court,
Bronson, J.
Some of the questions made on the argument were disposed of when the will of Aert Middagh was before the court in the case of Jackson v. Luquere (5 Cowen, 221). The daughters, Margaretta and Magdalena, severally took life estates in the premises, with remainders to their respective children as tenants in common—the children [127] taking per stirpes, and not per capita. In other words, the children of each daughter, immediately on the death of their mother, were entitled to-an undivided half of the property. The partition made between Margaretta and Magdalena in 1793,…
2Cases cited5 opinions
- TUCKER v. MorelandSupreme Court of the United States · 1836
- Inhabitants of Worcester v. EatonMassachusetts Supreme Judicial Court · 1814
- Sanford v. McLeanNew York Court of Chancery · 1831
- President, Directors, & Co. v. ChamberlinMassachusetts Supreme Judicial Court · 1818
- Conroe v. BirdsallNew York Supreme Court · 1799
3Cited by71 opinions
- Chandler v. SimmonsMassachusetts Supreme Judicial Court · 1867
- Vincent v. . NewhouseNew York Court of Appeals · 1881
- Scranton v. StewartIndiana Supreme Court · 1875
- Smith v. . RyanNew York Court of Appeals · 1908
- Rice v. BoyerIndiana Supreme Court · 1886
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