Jackson ex dem. Burhans v. Elmendorf
New York Supreme Court
This was an action of ejectment, tried at the Ulster circuit in November, 1826, before the Hon. Samuel R. Betts, then one of the circuit judges., 'h'he question in this case depends upon the construction to-be given to the last will and testament of Jacob Ten Broeck, un<^er which the lessors of the plaintiff claimed to recover.
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This was an action of ejectment, tried at the Ulster circuit in November, 1826, before the Hon. Samuel R. Betts, then one of the circuit judges., 'h'he question in this case depends upon the construction to-be given to the last will and testament of Jacob Ten Broeck, un<^er which the lessors of the plaintiff claimed to recover. The will is dated 19th August, 1793. By it the testator Save use and occupation of all his estate, real and personal, to his wife Gerritje during her widowhood, and uPon her re-marriage or decease, he disposed of his estate as-follows: To his son Jacob, he gave in fee…
1Opinion of the Court
*225 By the Court,
Savage, Ch. J.
According to the decisions of this court, and of the court for the correction of errors, (16 Johns. R. 382, 20 id. 483, 2 Cowen, 333, 6 id. 180,) the devise in question carried to the survivors, after the death of either of the devisees, by way of executory devise, the share of such devisee dying. The only question is, whether Maria takes any thing under the devise over; and if so, how much 1
Whether the testator intended to divide his property equally among his children, we cannot determine ; but it is apparent that, between the four parcels which he made of his…
2Cited by2 opinions
- Marsh v. HagueNew York Court of Chancery · 1831
- Constantine v. DunhamNew York Supreme Court · 1832