Legal Opinion

Jackson ex dem. Harder v. Moyer

New York Supreme Court

Decided October 15, 1816PublishedCited by 3 opinions

THIS was an action of eiectment, tried at the Montgomery o 7 O ,7 circuit, August 29th, 1815, before Mr. Justice Yales. ’ ° 7 The premises in question were 16 or 20 acres of land, and a dwelling-house thereon, in Minden. The lessors of the plaintiff are six of the heirs at law of John Henry Moyer, deceased, and the defendant, John Henry Moyer, is the other .heir.

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THIS was an action of eiectment, tried at the Montgomery o 7 O ,7 circuit, August 29th, 1815, before Mr. Justice Yales. ’ ° 7 The premises in question were 16 or 20 acres of land, and a dwelling-house thereon, in Minden. The lessors of the plaintiff are six of the heirs at law of John Henry Moyer, deceased, and the defendant, John Henry Moyer, is the other .heir. John Henri/ Moyer died, seised of,the premises, in 1:810,, having previously made his will, dated, the 28th of August, 1810, by .which he devisdd as follows: “I give and bequeath unto my son, John Henry, iny farm, on which I now…

1Per curiam

The lessors of the plaintiff are six of the heirs at law of John, Henry Moyer, deceased, and the defendant is the only remaining heir. It is admitted that John Henry Moyer died seised of the premises in question. The lessors claim, as his heirs at law, six sevenths of the premises in question, and the defendant claims the whole, under the will of John Henry Moyer; and the only question is, whether the devise to the defendant extends to the premises. The words of the devise are, “ I give and bequeath unto my son, John Henry, my farm whereon I now live, &c. The premises, as appears by the…

2Cited by3 opinions

  1. Inhabitants of Phillipsburgh v. of BruchNew Jersey Court of Chancery · 1883
  2. Drew v. DrewSuperior Court of New Hampshire · 1854
  3. In re the Estate of SchermerhornAppellate Division of the Supreme Court of the State of New York · 1971

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