Parker v. . Bogardus
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the first district, where judgment had been entered in favor of the defendant, on a special verdict. This was an ejectment by Archibald R. Bogardus to recover an undivided one-eighth part of a house and lot, in the city of New York, which he claimed as one of the heirs-at-law of his father, Robert Bogardus, deceased.
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Appeal from the general term of the Supreme Court, in the first district, where judgment had been entered in favor of the defendant, on a special verdict. This was an ejectment by Archibald R. Bogardus to recover an undivided one-eighth part of a house and lot, in the city of New York, which he claimed as one of the heirs-at-law of his father, Robert Bogardus, deceased. On the trial of the cause, before Edmonds, J., the jury found a special verdict, setting forth, that on the 23d day of September 1814, Robert Bogardus, late of the city of New York, counsellor-at-law, made his last will and…
1Opinion of the CourtPaige, J.
The will of Robert Bogardus was executed on the 23d day of April 1814; he died on the 8th of April 1841. By his will, he devised to the defendant (his wife) all his estate, both real and personal, of what kind or nature soever the same might be. The testator was not seised or possessed of the premises in question in this suit, at the time he made his will; he acquired them on the 18th of February 1825, after the execution of his will. The question presented for decision is, whether these subsequently-acquired *lands passed to the devisee, under the will, or descended to the heirs-at-law of…
2Cases cited5 opinions
- De Peyster v. ClendiningNew York Court of Chancery · 1840
- Pond v. BerghNew York Court of Chancery · 1843
- Van Vechten v. Van VeghtenNew York Court of Chancery · 1840
- Sherman v. ShermanNew York Supreme Court · 1848
- Ellison v. MillerNew York Supreme Court · 1851
3Cited by5 opinions
- St. John v. Andrews Institute for GirlsAppellate Division of the Supreme Court of the State of New York · 1907
- Obecny v. GoetzAppellate Division of the Supreme Court of the State of New York · 1907
- In re the Accounting of BarnettAppellate Division of the Supreme Court of the State of New York · 1957
- In re the Estate of LavineNew York Surrogate's Court · 1938
- Lent v. LentNew York Supreme Court · 1881