Clason v. Lawrence
New York Court of Chancery
On the fifth of April, one thousand eight hundred and four, Jonathan Conrey of New-York, grocer, made his will, which was duly executed; and therein directed and decreed as follows : (after ordering debts to be paid) “ and as I have given my sons John and Jonathan Conrey five hundred acres of land in Kentucky, and six hundred acres in Syme’s purchase, therefore I think fit not to give them as much of my estate in New-York as the rest of my children.
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On the fifth of April, one thousand eight hundred and four, Jonathan Conrey of New-York, grocer, made his will, which was duly executed; and therein directed and decreed as follows : (after ordering debts to be paid) “ and as I have given my sons John and Jonathan Conrey five hundred acres of land in Kentucky, and six hundred acres in Syme’s purchase, therefore I think fit not to give them as much of my estate in New-York as the rest of my children. Item, to John and Jonathan aforesaid, I give, devise and bequeath the undivided half of the house in Barclay street, New-York, occupied by me, to…
1Opinion of the Court
The Vice-Chancellor:
This demurrer is to the whole bill; and divers causes of demurrer are assigned. One is admitted to be a good cause of demurrer, viz. that the personal representative of John Conrey, the grandson, who died intes*53tale and without issue in the year eighteen hundred and twenty-nine, is not before the court. It does not appear that an administrator of his estate has ever been appointed. The complainants, Sarah Ann Clason his sister and Mrs. Quick his mother, are alleged to be his next of kin; but, as such and in that capacity, they can have no authority to sue or file a bill…
2Cases cited2 opinions
- Clarkson v. De PeysterNew York Court of Chancery · 1831
- Hunter v. HallettNew York Court of Chancery · 1832
3Cited by3 opinions
- In re the Estate of MackenzieNew York Surrogate's Court · 1935
- Trafford v. WilkinsonCourt of Appeals of Tennessee · 1877
- Wilson v. Davidson CountyCourt of Appeals of Tennessee · 1877