Spraker v. Van Alstyne
New York Supreme Court
[201] Error from the supreme court. Nicholas Van Alstyne and his wife Cornelia brought an action of ejectment against Daniel Spraker, for the recovery of an undivided share of certain lands, situate in the county of Montgomery, which they claimed in right of the said Cornelia, as one of the heirs at law of herfather, Cornelius M. Van Alstyne.
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[201] Error from the supreme court. Nicholas Van Alstyne and his wife Cornelia brought an action of ejectment against Daniel Spraker, for the recovery of an undivided share of certain lands, situate in the county of Montgomery, which they claimed in right of the said Cornelia, as one of the heirs at law of herfather, Cornelius M. Van Alstyne. The defendant claimed the premises in question, under title derived from Martin Van Alstyne, as a devisee under the wifi of Cornelius M. Yan Alstyne, who, on the 12th July, 1787, made his last will and testament. By this will, the testator gave to his…
1Opinion of the Court
After advisement, the following opinions were delivered:
By the Chancellor.
[205] The right of the defendants in error to recover the property in controversy in this suit, depends upon the question whether Martin Van Alstyne, under whom the plaintiff in error derived his title,, took a fee or *111a mere estate for life under the will of his father, who died in 1791. If it were not for a technical rule of law which the legislature has very wisely abolished in the recent revision of the statutes of this .state, and which it is admitted defeated the actual intention of the testator in nearly every…
2Cases cited1 opinion
- Cook v. HolmesMassachusetts Supreme Judicial Court · 1814
3Cited by1 opinion
- Jones v. United States Slates Co.New York Supreme Court · 1857