Jackson ex dem. Townsend v. Bull
New York Supreme Court
THIS was an action of ejectment, and was tried at the Dutchess . . _ . •* circuit, m September, 1812, before Mr. Justice Yates. Joshua Hamlin died seised of the premises in question, leavthree sons, David, Joshua and Ephraim, and three daugh* ters, Lydia, Elisabeth, the wife of Townsend, and Mehitabel. Joshua died about 8 years ago, and Ephraim about 9 years ago, ^ the widow about a year since. Lydia also died, leaving four daughters, Phatbe, Elisabeth, Lydia and Mary.
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THIS was an action of ejectment, and was tried at the Dutchess . . _ . •* circuit, m September, 1812, before Mr. Justice Yates. Joshua Hamlin died seised of the premises in question, leavthree sons, David, Joshua and Ephraim, and three daugh* ters, Lydia, Elisabeth, the wife of Townsend, and Mehitabel. Joshua died about 8 years ago, and Ephraim about 9 years ago, ^ the widow about a year since. Lydia also died, leaving four daughters, Phatbe, Elisabeth, Lydia and Mary. Elisabeth, the wife of Townsend, and the four grand-daughters, were the lessors of the plaintiff, and claimed two sixths of…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. The lessors of the plaintiff claim as heirs at law of Joshua Hamlin, deceased, and the only question in the case is, whether his sons, Joshua and Ephraim, under whom the defendants hold, took, by virtue of his will, an estate in fee or for life. The' testator gave to his son David the farm he (David) then lived on, and he gave to his two sons, Joshua and Ephraim, the farm he, the testator, lived on, to be equally divided between them, and adds, “ the debts to be paid out of my estate that I shall die seised of.” As there are no apt ■words of…
2Cited by8 opinions
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- Stewart v. McMartinNew York Supreme Court · 1849
- Gardner v. GardnerU.S. Circuit Court for the District of Rhode Island · 1823
- Martin v. BallouNew York Supreme Court · 1852
- Lobach's CaseSupreme Court of Pennsylvania · 1837
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