Dorland v. Dorland
New York Supreme Court
In EauiTY. The bill in this cause was filed by Isaac Borland and Letty his wife, the said Isaac being one of the children and heirs at law of Samuel Borland deceased, against the other heirs, the widow, and the executors, of the testator, to obtain a judicial construction of his will and codicil and for the sale or partition of the real éstate of which the testator was seised at the time of his death.
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In EauiTY. The bill in this cause was filed by Isaac Borland and Letty his wife, the said Isaac being one of the children and heirs at law of Samuel Borland deceased, against the other heirs, the widow, and the executors, of the testator, to obtain a judicial construction of his will and codicil and for the sale or partition of the real éstate of which the testator was seised at the time of his death. The bill stated that the testator died in the year 1828, being at the time seised of a farm containing about 80 acres situate in the county of Dutchess. That the testator, many years ago, had…
1Opinion of the CourtStrong, J.
There is sufficient in the will of Samuel Borland to authorize the call which the plaintiffs make upon this court to give it a judicial construction. There are doubtful clauses in reference to the disposition as well of the personal as of the real estate. There are also doubts as to the validity and extent of the power to sell the testator’s land, given to the executors.
The will is inartificially drawn, and some of the intentions of the testator are expressed in obscure, if not contradictory, terms. But I think there is sufficient in the will and codicil, together, to denote the main…
2Cases cited1 opinion
- Jackson ex dem. Hammond v. VeederNew York Supreme Court · 1814
3Cited by12 opinions
- Mee v. . GordonNew York Court of Appeals · 1907
- Clark v. HornthalMississippi Supreme Court · 1872
- In re the Estate of AndrusNew York Surrogate's Court · 1935
- Livingston v. MurrayThe Superior Court of New York City · 1869
- In re Porter's EstateNew York Supreme Court · 1892
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