Prowitt v. Rodman
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the first district, where a judgment rendered at special term, in a case tried before the court, without a jury, had been affirmed. This was an equitable action brought by Henry Mackaness Prowitt and others against Washington Rodman and others, to obtain a judicial ^construction of the will of Thomas Mackaness, deceased.
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Appeal from the general term of the Supreme Court, in the first district, where a judgment rendered at special term, in a case tried before the court, without a jury, had been affirmed. This was an equitable action brought by Henry Mackaness Prowitt and others against Washington Rodman and others, to obtain a judicial ^construction of the will of Thomas Mackaness, deceased. The testator died prior to the 19th March 1807, on which day, his will was admitted to probate, in Orange county; his wife died before him. He left three daughters: Elizabeth, then the wife of Thomas Harvey; Mary, then the…
1Opinion of the CourtHunt, J.
The first question before us arises upon the provisions of the second section of the will. The origi*55nal defendant, Mary Rodman, claimed one-half of the real estate here described, as the sole surviving child of Elizabeth Harvey, one of the testator’s daughters, living at the death of Mrs. Prowitt. The same claim, is continued by her descendants, who have now become the defendants in this action. The plaintiff, on the other hand, contends that Mrs. Prowitt, having survived her immediate offspring, her grand-children took the remainder in fee-simple, in the real estate described in the second…
2Cases cited4 opinions
- Jackson ex dem. Decker v. MerrillNew York Supreme Court · 1810
- Beebe v. . EstabrookNew York Court of Appeals · 1879
- Van Vechten v. . KeatorNew York Court of Appeals · 1875
- Haines ex rel. Seeley v. OatmanMichigan Supreme Court · 1847
3Cited by2 opinions
- In re Robinson's EstateNew York Supreme Court · 1890
- Todd v. StantonNew York Supreme Court · 1890