Brown v. Brown
New York Supreme Court
This action was tried at the Washington circuit in October, 1852, without a jury. It was brought to recover the undivided tenth part of certain premises described in the complaint. The plaintiff claimed as one of the heirs at law of Jonathan Brown, deceased.
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This action was tried at the Washington circuit in October, 1852, without a jury. It was brought to recover the undivided tenth part of certain premises described in the complaint. The plaintiff claimed as one of the heirs at law of Jonathan Brown, deceased. It was admitted that Arnold Brown, Charles Brown, Edward Brown, Leonard Brown,-Brown, Mary Wells, and Lucy Cranch, and the parties to this action, were the only children and heirs at law of the said Jonathan Brown; and that they were all living at the time of his decease; that he was seised of the premises in question, at the time of his…
1Opinion of the Court
C. L, Allen, J.
The first question presented in this case is, whether the execution of the deed by the testator, conveying the same land which he had previously devised in his will, was a revocation of the will. The cases are abundant, that a conveyance made subsequent to a devise of the same land amounts to a revocation: and this is so, although a mortgage is taken back.*572for the purchase money, at the same time.- (Platt v. Arthur, 10 Barb. 9. Beck v. McGillis, 9 Id. 35. Rose v. Rose, 7 Id. 174.) The case of Walton v. Walton, (7 John Ch. Rep. 258, 272,) goes so far as to declare that by a…
2Cases cited5 opinions
- Pond v. BerghNew York Court of Chancery · 1843
- Arthur v. ArthurNew York Supreme Court · 1850
- Adams v. WinneNew York Court of Chancery · 1838
- Gilchrist v. StevensonNew York Supreme Court · 1850
- Ellison v. MillerNew York Supreme Court · 1851
3Cited by10 opinions
- McNaughton v. . McNaughtonNew York Court of Appeals · 1866
- In re the Estate of RubinsteinNew York Surrogate's Court · 1938
- Lewis, Admr. v. ThompsonOhio Supreme Court · 1943
- Willoughby v. DowtySupreme Court of Kansas · 1923
- In re the Accounting of BarnettAppellate Division of the Supreme Court of the State of New York · 1957
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