Jackson ex dem. Brown v. Betts
New York Supreme Court
Ejectment for lands in the town of Brunswick, Rens-selaer county, on a joint and several demise, from all and each of the three lessors ; tried at the Rensselaer circuit, July 9th, 1824, before Betts, C. Judge.
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Ejectment for lands in the town of Brunswick, Rens-selaer county, on a joint and several demise, from all and each of the three lessors ; tried at the Rensselaer circuit, July 9th, 1824, before Betts, C. Judge. On the trial, the lessors claimed as devisees, not as heirs of Benajah Brown, deceased ; and the defendant admitted that the lessors were the children of Benajah Brown, who died seised of the premises in question, in May, 1822. received from Benajah Brown, bis will, to keep for him, &c. The plaintiff then called James Mallory, who swore that on the 9th day of November, 1816 he The…
1Opinion of the Court
Curia, per
Suthehi.aNd, J.
’The judge nonsuited the plaintiff, on the ground that there- was not sufficient evidence of the identy of the will drawn by Marcy in 1816, and proved by him and Mallary and Lockwood, and that seen by Mrs. Ayres in the desk of the testator, in March, 1822: that parol evidence of the contents of the will drawn by Marcy, could not be received ; inasmuch as there was no evidence of its existence subsequent to July, 1821, when Lockwood drew a codicil for the testator-, which, after it was, duly executed, was attached to the will, and both delivered by him to the testator.
T…
2Cases cited2 opinions
- Jackson ex dem. Coe v. KniffenNew York Supreme Court · 1806
- Jackson ex dem. Bush v. HasbrouckNew York Supreme Court · 1815
3Cited by15 opinions
- Throckmorton v. HoltSupreme Court of the United States · 1901
- In Re Proving the Last Will & Testament of KennedyNew York Court of Appeals · 1901
- Harris v. . HarrisNew York Court of Appeals · 1863
- In re Probate of the Will of FoxNew York Court of Appeals · 1961
- Collagan v. BurnsSupreme Judicial Court of Maine · 1867
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