Legal Opinion

Covenhoven v. Shuler

New York Court of Chancery

Decided April 6, 1830PublishedCited by 77 opinions

L a whence Shuler died in 1808, possessed of a farm containing about 300 acres, in fee, together with a considerable personal estate. He left by his wife Lena Shuler eleven children him surviving, to wit: Peter Shuler, Levi Shuler, Mary the wife of Jacob Serviss, Jeremiah Shuler, William Shuler, Caty the wife of Peter Covenhoven, Betsey Shuler, Sally Shuler, Abraham Shuler, Van Vleelt Shuler, and Lawrence Shuler.

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L a whence Shuler died in 1808, possessed of a farm containing about 300 acres, in fee, together with a considerable personal estate. He left by his wife Lena Shuler eleven children him surviving, to wit: Peter Shuler, Levi Shuler, Mary the wife of Jacob Serviss, Jeremiah Shuler, William Shuler, Caty the wife of Peter Covenhoven, Betsey Shuler, Sally Shuler, Abraham Shuler, Van Vleelt Shuler, and Lawrence Shuler. The youngest was then less than one year old, and became of age in December, 1828. The will of Lawrence Shuler the elder, executed in due form of law to pass real estate, was in the…

1Opinion of the Court

The Chancellor.

As the complainants have not given the defendants an opportunity to substantiate their answers by proof, every matter of fact stated or insisted upon therein is to be taken as true. The defendant W. L. Shuler, disclaims'jall interest in the subject matter of this suit. He says he sold and conveyed all his interest in the estate tó his mother long before the filing of the bill; and that he believes that fact was known to the complainants. They had- therefor® *129tío excuse for making him a party; and the bill as against him must be dismissed with costs. Herrick was also…

2Cited by77 opinions

  1. Story v. LivingstonSupreme Court of the United States · 1839
  2. Roseboom v. . RoseboomNew York Court of Appeals · 1880
  3. Matter of Petition of CampNew York Court of Appeals · 1891
  4. Van Nostrand v. . MooreNew York Court of Appeals · 1873
  5. Norris v. . BeyeaNew York Court of Appeals · 1855

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