Magaw v. . Field
New York Court of Appeals
Action of ejectment. The question presented was as to the construction of the following clause of the will of John S. Gerritsen: “ I give, devise and bequeath to the children of Yan Brund Magaw, late of Gravesend, deceased, all that certain piece or parcel of land * * * to have and to hold the same to the said children, their heirs and assigns forever.”
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Action of ejectment. The question presented was as to the construction of the following clause of the will of John S. Gerritsen: “ I give, devise and bequeath to the children of Yan Brund Magaw, late of Gravesend, deceased, all that certain piece or parcel of land * * * to have and to hold the same to the said children, their heirs and assigns forever.” The will was-executed in 1833; the testator died in 1864. At the time of the execution of the will there were seven children of Yan Brund Magaw living. All had died but two before the testator’s death. The two living claimed the whole estate,…
1Opinion of the Court
Leonard and Earl, CC., read for affirmance.
All concur, Lott, Ch. C., not sitting. Judgment affirmed, with costs.
2Cited by12 opinions
- Moffett v. . ElmendorfNew York Court of Appeals · 1897
- In Re the Accounting of KingNew York Court of Appeals · 1910
- In re Moore's EstateNew York Supreme Court · 1895
- In re the Accounting of Bank of New YorkNew York Court of Appeals · 1959
- In re TienkenNew York Supreme Court · 1892
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