Williamson v. Berry
Supreme Court of the United States
' This case came up from the Circuit Court of the United States for the Southern District of New York, on a certificate of division in Opinion between the judges thereof. •It was an action of ejectm'ent for one third of eight lots of land in the city of New York.
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' This case came up from the Circuit Court of the United States for the Southern District of New York, on a certificate of division in Opinion between the judges thereof. •It was an action of ejectm'ent for one third of eight lots of land in the city of New York. Mrs. Williamson was the daughter of Thomas B. Clarke, being one of three children who survived him, the- other two being Mrs. Isabella M. Cochran and Bayard Clarke.' > In the year 1802, Mary Clarke died;, leaving a will, from which-the following is an extract: — . -. .. .... ’“Item,'. I give and'devise unto the-said Benjamin Moore…
1Opinion of the Court
TMr. Justice WAYNE
delivered the opinion of the court.
• .This cause has been brought to-thi's court,to get its decision upon questions of law, which were raised upon a case stated in the Circuit Court, upon which the judges of that court differed in opinion.
The suit is an action of ejectment, for the undivided third part of eight dots .of land, in the sixteenth ward of the city of New York.;. .'.The plaintiffs claimed under the will of Mary Clarke;-' It wastadmitted by the counsel for the defendant, that Mary Clarke; had :been seized of the premises in dispute, when she made her will;, and…
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