Roseboom v. Mosher
New York Supreme Court
Ejectment, tried at the Albany circuit in February, 1844, before Cushman, C. Judge. The action was brought to recover an undivided third part of a farm containing about 150 acres of land in New Scotland, Albany county.
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Ejectment, tried at the Albany circuit in February, 1844, before Cushman, C. Judge. The action was brought to recover an undivided third part of a farm containing about 150 acres of land in New Scotland, Albany county. In the year 1797, Jacob Roseboom died seized of the premises in question, and other lands, having first made and published his last will, by which he devised, among other things, as follows:—“ Item: I give and bequeath all my estate, real and personal, to my beloved wife Hester, for and during the time that she remains my widow. And I hereby charge her with the maintenance and…
1Opinion of the Court
By the Court, Bronson, Ch. J.
The plaintiff claims an undivided fourth part of the property as one of the devisees of his father Jacob Roseboom; and he claims an undivided twelfth part as one of the heirs at law of his sister Magdalena, who died in 1837. The defence is, that the title to the whole of the property passed by the deed of Mrs. Roseboom, the executrix, to Palmatier in 1805. In addition to this, the defendant relies on the assignment which the plaintiff made as an insolvent debtor in 1811, as an answer to the action so far as the plaintiff claims as devisee under the will of his…
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