Vannorsdall v. Van Deventer
New York Supreme Court
CASE submitted pursuant to section 372 of the Code of Procedure, for the purpose of obtaining a judicial construction of the last will and testament of Jacob Vannorsdall, and to arrive at the true intent and meaning of the testator, as to 'the disposition of his real estate.
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CASE submitted pursuant to section 372 of the Code of Procedure, for the purpose of obtaining a judicial construction of the last will and testament of Jacob Vannorsdall, and to arrive at the true intent and meaning of the testator, as to 'the disposition of his real estate. The following facts were agreed upon by the parties: On or about the tenth day of April, 1861, Jacob Vannorsdall, who was then a resident of the town of Mount Morris, Livingston county, died seised and possessed of certain real estate situated therein, and some personal property. At the time of his death the said Jacob…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
The construction of the will of Jacob Vannorsdall, deceased, which the plaintiffs in this submission claim, I think, is the true one.The case states that the plaintiffs claim that in and by the said last will and testament, the real estate mentioned in said will belongs to, and is owned in common by, the said parties thereto, and that each of said parties is the owner of, and entitled to, one fourteenth of said real estate so mentioned and described in said will. The claim of the defendants that in and by said last will and testament they are entitled to, and…
2Cases cited1 opinion
- Heard v. HortonCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by11 opinions
- Shimer v. MannIndiana Supreme Court · 1884
- Fountain County Coal & Mining Co. v. BeckleheimerIndiana Supreme Court · 1885
- Heath v. . HewittNew York Court of Appeals · 1891
- Cushman v. . HortonNew York Court of Appeals · 1874
- Collins v. FeatherWest Virginia Supreme Court · 1902
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