Graham v. Dickinson
New York Court of Chancery
This case came before the chancellor upon an appeal from a decree of the assistant vice chancellor of the first circuit, upon the following state of facts. Isaac Clason died in March 1815, seised of real estate in the county of Westchester and in the state of New Jersey, and of a large real estate in the city of Nevy-York.
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This case came before the chancellor upon an appeal from a decree of the assistant vice chancellor of the first circuit, upon the following state of facts. Isaac Clason died in March 1815, seised of real estate in the county of Westchester and in the state of New Jersey, and of a large real estate in the city of Nevy-York. By his will he gave to his daughter Eliza Cooper a demand which stood charged against her upon his books, and an annuity of $1000, charged upon his real estate so long as she was separated from her then husband ; in full satisfaction of all further provision out of his…
1Opinion of the Court
The Chancellor.
There can be no doubt that the fund in controversy, in equity, must be considered as a substitute for the land in the city of New-York; and that it belongs to those to whom the land was devised, or to those who now represent their rights, exclusively. It is suggested in some of the answers that the real estate in New-Jersey, which was not disposed of by the will of the testator, was also sold for the payment of the debts; that such land descended to all the children of the decedent, and that by the laws of New-Jersey which were then in force, the sons took by descent, from…
2Cases cited1 opinion
- Smith v. KearneyNew York Court of Chancery · 1848
3Cited by13 opinions
- Cole v. . MalcolmNew York Court of Appeals · 1876
- Ametrano v. . DownsNew York Court of Appeals · 1902
- Wagstaff v. LowerreNew York Supreme Court · 1856
- Sweezy v. ThayerThe Superior Court of New York City · 1852
- Denham v. . CornellNew York Court of Appeals · 1876
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