Jackson ex dem. Hunt v. Luquere
New York Supreme Court
Ejectment for land in Brooklyn, Kings county, tried at the circuit in that county, May 30th, 1822, before Wood-WORTH, J. The lessors of the plaintiff, Elizabeth, wife of T. Hunt, an¿ garah Colwell, are the grand daughters of Aert Middagh, by Margaretta, one of his daughters, and claimed under the will of their grandfather Middagh, dated January 7th, 1777, by which he devised certain land, including the premises in question, to his “ two daughters, Margaretta and Magdalena,…
Read the full summary
Ejectment for land in Brooklyn, Kings county, tried at the circuit in that county, May 30th, 1822, before Wood-WORTH, J. The lessors of the plaintiff, Elizabeth, wife of T. Hunt, an¿ garah Colwell, are the grand daughters of Aert Middagh, by Margaretta, one of his daughters, and claimed under the will of their grandfather Middagh, dated January 7th, 1777, by which he devised certain land, including the premises in question, to his “ two daughters, Margaretta and Magdalena, to be equally divided between them, share an(^ share alike; and to be to them, for and during their natural life; and…
1Opinion of the Court
Curia, per Woodworth, J.
At the tria , the plaintiff proved the hand-writing of Cornelius Wyckoff, one of the subscribing witnesses, and his death; that another witness had been dead many years; and that the third went to England about 30 years ago, and, had not been heard of since. There was no evidence offered to prove the handwriting of the testator, or that of Patience Titus, or John *224Crawley. This evidence, per se, is not sufficient to prove the execution of the will. It is necessary, in every case, to establish the fact, that the testator executed in the presence of three witnesses; or,…
2Cited by28 opinions
- Shepherd v. NaborsSupreme Court of Alabama · 1844
- M'Cleskey v. LeadbetterSupreme Court of Georgia · 1846
- Kling v. SchnellbeckerSupreme Court of Iowa · 1899
- In re the Judicial Settlement of the Account of Proceedings of ArnoltNew York Surrogate's Court · 1926
- Hawkinson v. OatwayWisconsin Supreme Court · 1910
23 more not listed; retrieve them via the Exa API.