Edwards v. Bodine
New York Supreme Court
A PPEAL from Chancery. The respondents filed a hill •AA. jn chancery for the foreclosure of a mortgage. The defendants put in answers, showing the following state of facts: In March, 1835, John Bodine, senior, died seized of the mortgaged premises, having, in 1829, duly made and published his last will and testament, whereby he directed his personal property, except a portion bequeathed to his wife, to be sold at public sale, by and at the discretion of his executors, and…
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A PPEAL from Chancery. The respondents filed a hill •AA. jn chancery for the foreclosure of a mortgage. The defendants put in answers, showing the following state of facts: In March, 1835, John Bodine, senior, died seized of the mortgaged premises, having, in 1829, duly made and published his last will and testament, whereby he directed his personal property, except a portion bequeathed to his wife, to be sold at public sale, by and at the discretion of his executors, and the proceeds to be divided between his wife and nine children, share and share alike. Then followed a clause in these…
1Opinion of the Court
After advisement, the following opinion was delivered:
By Mr. Justice Bronson.
Two of the children of John Bodine the elder, John and Nathaniel, died before their father, each leaving issue, and their children did not unite with the executors and six surviving children of John Bodine the elder in the deed to Yarick. This, it is said, may affect Varick’s title as to two-eighths of the property. The appellant says in his answer, he has been informed and believes that the heirs at law of John and Nathaniel, or some of them, have set up a claim to an undivided part of the premises, and that some of…
2Cited by17 opinions
- Parkinson v. . ShermanNew York Court of Appeals · 1878
- Magee v. McMillanSupreme Court of Alabama · 1857
- McConihe v. . FalesNew York Court of Appeals · 1887
- Miller v. AveryNew York Court of Chancery · 1848
- Walker v. WilsonWisconsin Supreme Court · 1861
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