Smith v. Wait
New York Supreme Court
Ejectment, brought to recover the undivided fourth part of about 94 acres of land, situate in the town of Clifton Park, in the county of Saratoga, which the plaintiffs claimed in fee in right of Mrs. Smith. The defendants pleaded the general issue.
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Ejectment, brought to recover the undivided fourth part of about 94 acres of land, situate in the town of Clifton Park, in the county of Saratoga, which the plaintiffs claimed in fee in right of Mrs. Smith. The defendants pleaded the general issue. The cause came on to be tried before Willard, circuit judge, at the Saratoga circuit, in December, 1846. On the trial, the plaintiffs proved that Joseph Wait died November 5,1845, in possession of the premises in question, aged about 69 years. That he left him surviving, four children and heirs at law, of whom Alba, the wife of the plaintiff Lucas…
1Opinion of the Court
By the Court, Cady, P. J.
The will given in evidence by the defendants, had been regularly proved before the surrogate as a will of real estate, and that entitled the defendants to read it in evidence. The recital in the will that the testator had executed a deed to the defendant George Wait, was evidence of a perfect execution of such deed, and that he had the title to the premises in question. The judge therefore was right in ruling that as the evidence then was, the plaintiffs had no right to recover. The plaintiffs then gave evidence tending to prove that the testator was of unsound mind…
2Cited by13 opinions
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- Associated Business Telephone Systems Corp. v. Greater Capital Corp.District Court, D. New Jersey · 1989
- In re OrrellNew York Surrogate's Court · 1929
- In re Proving the Lost Will of AscheimNew York Surrogate's Court · 1912
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