Van Kleeck v. Ministers of the Reformed Dutch Church
New York Court of Chancery
This case came before the court upon general demurrers to the complainant’s bill, for want of equity either as to discovery or relief.
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This case came before the court upon general demurrers to the complainant’s bill, for want of equity either as to discovery or relief. The bill was filed by Lawrence L. Van Kleeck in behalf of himself and the other legal representatives, by descent, devise or otherwise, of the residuary devisees of John Haberdinck, who died in 1723. The complainant stated in his bill that J. Haberdinck, upon a partition of a certain tract of land called “ The Shoemaker’s Field,” in the city of New-York, in 1696, became seized in fee, in severalty, of 40 lots of land, parts of that tract; and was seized of…
1Opinion of the Court
The Chancellor.
The bill in this case has been framed with much ingenuity and skill, for the purpose of obtaining from the corporation and its officers a discovery of its title to the property in question, and the defects, if any, which exist in that title; and without disclosing the facts which the counsel for the corporation suppose is a fatal defect in the complainant’s own title under the residuary clause of Haberdinck’s will. The residuary clause of the will as stated by the complainant, however, refers to a portion of the testator’s property which had been previously bequeathed and…
2Cases cited1 opinion
- Greene v. DennisSupreme Court of Connecticut · 1826
3Cited by33 opinions
- Van Nostrand v. . MooreNew York Court of Appeals · 1873
- Moss v. HelsleyTexas Supreme Court · 1883
- Lynes v. . TownsendNew York Court of Appeals · 1865
- Youngs v. . YoungsNew York Court of Appeals · 1871
- Johnson v. HolifieldSupreme Court of Alabama · 1886
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