Miller v. Emans
New York Court of Appeals
Appeal from the Supreme Court. Action to recover the possession of a fractional undivided part of two parcels of land situated in Peelcskill, Dutchess county, of-which James Emans died seised in the year 1810. He left seven children, surviving him namely: three sons, Cornelius, James and John, and four daughters, Elizabeth, Catharine, Ann, the wife of James"Beaty, and Margaret, the wife of John Miller, the said John and Margaret being the plaintiffs in the action.
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Appeal from the Supreme Court. Action to recover the possession of a fractional undivided part of two parcels of land situated in Peelcskill, Dutchess county, of-which James Emans died seised in the year 1810. He left seven children, surviving him namely: three sons, Cornelius, James and John, and four daughters, Elizabeth, Catharine, Ann, the wife of James"Beaty, and Margaret, the wife of John Miller, the said John and Margaret being the plaintiffs in the action. By the will of James Emans, executed in 1805, he devised and bequeathed all the residue of his estate (after the payment of…
1Opinion of the CourtSelden, J.
The only clauses of the will of James Emans which are material to the questions to be considered are the following:
“ Thirdly, it is my will that all the residue of my estate, both real and personal, after paying out the legacies above mentioned, my just debts and funeral expenses, should be equally divided among my sons, Cornelius, James and John, and my daughters Elizabeth, Catharine, Ann and Margaret.”
“ Fourthly, it is my further will that, in case either of my said sons and daughters last mentioned should die without lawful issue, the proportion of my estate which he or she may *387receive by…
2Cases cited2 opinions
- Jackson ex dem. Varick v. WaldronCourt for the Trial of Impeachments and Correction of Errors · 1834
- Anderson v. JacksonNew York Supreme Court · 1819
3Cited by5 opinions
- Marsh v. . City of BrooklynNew York Court of Appeals · 1874
- Dorschel v. BurklyAppellate Terms of the Supreme Court of New York · 1896
- People ex rel. Sliker v. HoveyNew York Supreme Court · 1871
- Marsh v. City of BrooklynNew York Court of Appeals · 1874
- People ex rel. Hannigan v. IngersollNew York Supreme Court · 1880