Schauber v. Jackson
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. This cause came before the court on a bill of exceptions tendered and signed at the Saratoga circuit, in June, 1826, when the cause was tried before the Hon. Reuben Hyde Walworth, then judge of the fourth circuit, and a verdict found for the plaintiff.
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Error from the supreme court. This cause came before the court on a bill of exceptions tendered and signed at the Saratoga circuit, in June, 1826, when the cause was tried before the Hon. Reuben Hyde Walworth, then judge of the fourth circuit, and a verdict found for the plaintiff. The defendant, on the bill of exceptions, moved the supreme court for a new trial, which, in May term, 1827, was denied, and judgment rendered for the plaintiff; to reverse which, this writ of error was brought. The plaintiff claimed to recover the premises in question on the demises of William Green and Peggy…
1Opinion of the Court
The Chancellor.
This court having decided that the construction of the will of William Appel is properly before them on the bill of exceptions, the first question for consid- ■ eration is, whether by that will the real estate was devised to the executors or descended to the heir at law, until they di*33vested his estate by the execution of the power to sell and distribute the proceeds.
Being perfectly satisfied with the reasoning of the chief justice in the court below on this point, and which is supported by the decision of the former judges of the supreme court, in Jackson v. Burr, (9 Johns.…
2Cases cited4 opinions
- Armstrong v. TolerSupreme Court of the United States · 1826
- Ricard v. WilliamsSupreme Court of the United States · 1822
- Vandyck v. Van BeurenNew York Supreme Court · 1803
- Jackson ex dem. Hall v. BurrNew York Supreme Court · 1812
3Cited by24 opinions
- Taylor v. BenhamSupreme Court of the United States · 1847
- Wright v. HicksSupreme Court of Georgia · 1852
- Wootters v. KauffmanTexas Supreme Court · 1887
- Lynes v. . TownsendNew York Court of Appeals · 1865
- Doe ex dem. Marston v. ButlerNew York Supreme Court · 1829
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