Ackley v. Dygert
New York Supreme Court
THIS was an action of ejectment for land in Steuben county. The answer denied the facts stated in the complaint, and alleged that the defendant was the owner in fee and entitled to the possession of the premises in question.
Read the full summary
THIS was an action of ejectment for land in Steuben county. The answer denied the facts stated in the complaint, and alleged that the defendant was the owner in fee and entitled to the possession of the premises in question. It was stipulated between the parties that on the trial the defendant, under the said answer, might give in evidence to sustain his title to the qiremises in the complaint described, the proceedings had and instituted before the surrogate of the county of Steuben by the administratrix and administrator of &c., of William Kennedy, deceased, for the sale of the real estate…
1Opinion of the Court
By the Court,
Knox, J.
The objection, that the exemplification of the will of Henry Kennedy was improperly receiv*189ed in evidence, was not well taken. The will bears date August 21st, 1820, and was proved before 1830. ■ Chapter 94, of Laws of 1850, as amended in 1852, (see 2 R. S. 4th ed. 650, 1035,) provides that the exemplification of the record of any last will and testament, proved before the surrogate of any county in the state, before the first day of January, 1830, certified under the seal of the officer having the custody of such record, shall be received in evidence, with the like effect…
2Cases cited2 opinions
- Atkins v. KinnanNew York Supreme Court · 1838
- Corwin v. MerrittNew York Supreme Court · 1848
3Cited by14 opinions
- In re GoodchildNew York Surrogate's Court · 1936
- Purdy v. PurdyAppellate Division of the Supreme Court of the State of New York · 1897
- Cunningham v. AndersonSupreme Court of Missouri · 1891
- Richmond v. FooteNew York Supreme Court · 1870
- In re the Estate of SlaterNew York Surrogate's Court · 1893
9 more not listed; retrieve them via the Exa API.