Legal Opinion

Schoonmaker v. Sheely

Court for the Trial of Impeachments and Correction of Errors

Decided December 15, 1846PublishedCited by 18 opinions

On error from the supreme court, where Schoonmaker brought ejectment against Sheely, and judgment was rendered for the defendant. The opinion given in the court below will be found in 3 Hill, 165, where the facts are stated; and they are also briefly referred to in the opinion of the chancellor in this court.

Read the full summary

On error from the supreme court, where Schoonmaker brought ejectment against Sheely, and judgment was rendered for the defendant. The opinion given in the court below will be found in 3 Hill, 165, where the facts are stated; and they are also briefly referred to in the opinion of the chancellor in this court. The general question was whether the devise to Benjamin Schoonmaker contained in the will of his father, Simon Schoonmaker, who died in 1827, which was in these words : “ To my son Benjamin, I do give, devise and bequeath [the premises in question.] To have and to hold [the same] unto my…

1Opinion of the Court

The Chancellor.

This is an ejectment suit which depends upon the true construction of the will of Simon Schoonmaker, the paternal grandfather of the plaintiff. He made his will and died seized of the premises in fee in 1827, leaving several children who were variously provided for in his will. To his son Benjamin, who was then without issue and unmarried, he devised the premises in question generally, without words of perpetuity or inheritance; but the habendum clause of the devise was as follows: “To have and to hold the said described lots, dec. unto my said son Benjamin during his natural…

2Cases cited6 opinions

  1. Rogers v. RogersCourt for the Trial of Impeachments and Correction of Errors · 1829
  2. Tanner v. LivingstonNew York Supreme Court · 1834
  3. Grout v. TownsendNew York Supreme Court · 1845
  4. Wood v. BurnhamNew York Court of Chancery · 1837
  5. Brant ex dem. Heirs of Provoost v. GelstonNew York Supreme Court · 1801

1 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. In Re the Accounting of BarkerNew York Court of Appeals · 1921
  2. McNutt v. McNuttIndiana Supreme Court · 1888
  3. Shimer v. MannIndiana Supreme Court · 1884
  4. Nelson v. DavisIndiana Supreme Court · 1871
  5. Tayloe v. GouldNew York Supreme Court · 1851

13 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API