Lytle v. . Beveridge
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, reversing judgments in favor of plaintiffs entered upon the reports of a referee, and granting new trials. (Beported below, 7 Lans., 225.) These were actions of ejectment, to recover possession of premises situate in Washington county.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, reversing judgments in favor of plaintiffs entered upon the reports of a referee, and granting new trials. (Beported below, 7 Lans., 225.) These were actions of ejectment, to recover possession of premises situate in Washington county. Each plaintiff claimed, a separate portion of a' farm in possession of defendant, and the actions were tried together. ! The farm in question was formerly owned by Isaac Lytle, who died in 1823 seized thereof, leaving a will, written by himself, and executed about six…
1Opinion of the CourtAllen, J.
The plaintiff and defendant claim title from a common source, under the will of Isaac Lytle, who died in March, 1823, having made his will about six months before his death. The rights of the respective claimants to the premises in dispute, depend upon the construction of the autographie will of a very illiterate man, ignorant not only of the several recognized estateTinTañcíj and of the technical rules relating to them, and the words necessary or appropriate to their creation, but also of the orthography and structure of the English language.
Of such a will, above all others, is it the duty…
2Cases cited6 opinions
- Torrey v. Bank of OrleansNew York Court of Chancery · 1842
- Mowatt v. CarowNew York Court of Chancery · 1838
- Prowitt v. . RodmanNew York Court of Appeals · 1867
- Bridenbecker v. LowellNew York Supreme Court · 1860
- Chrystie v. . PhyfeNew York Court of Appeals · 1859
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3Cited by30 opinions
- Bond v. MooreIllinois Supreme Court · 1908
- Close v. Farmers' Loan & Trust Co.New York Court of Appeals · 1909
- Thurston v. AllenHawaii Supreme Court · 1892
- In re the Estate of MahlstedtNew York Surrogate's Court · 1931
- Lytle v. HulenOregon Supreme Court · 1928
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