Mayer v. Davis
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles R. Davis, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county .of Kings on the 25th day of May, 1906, . upon the decision of the court, rendered after a trial at the Kings County Special Term, adjudging that the said defendant is not an heir at law of William H. B^vis, deceased. The action is for the partition of real estate. William H. Davis, . grandfather, is the common ancestor.
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Appeal by the defendant, Charles R. Davis, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county .of Kings on the 25th day of May, 1906, . upon the decision of the court, rendered after a trial at the Kings County Special Term, adjudging that the said defendant is not an heir at law of William H. B^vis, deceased. The action is for the partition of real estate. William H. Davis, . grandfather, is the common ancestor. The appellant claimed an undivided share as the son of Robert Davis, deceased, who was a son of the said William H.…
1Opinion of the Court
Gaynor, J.:
The usual or.average period of human gestation, i. e., from the beginning of pregnancy to- the maturity of the foetus, when delivery should and -usually does'take place, is 10 lunar months, or 40 weeks, i. e., 280 days. The period from intercourse to- delivery • may not -be identical with that of gestation, but much longer. There is much literature, ancient and modern, in favor of the claim *98that this latter period may normally last 11 calendar months, especially to-save a widow and her tardy offspring from anything worse than suspicionbut it has scarcely survived the .immortal…
2Cases cited4 opinions
- Caujolle v. . FerrieNew York Court of Appeals · 1861
- In Re the Estate of MatthewsNew York Court of Appeals · 1897
- Cross v. CrossNew York Court of Chancery · 1831
- Van Aernam v. Van AernamNew York Court of Chancery · 1846
3Cited by15 opinions
- In re the Estate of LeslieAppellate Division of the Supreme Court of the State of New York · 1916
- Phillips v. State Ex Rel. HathcockIndiana Court of Appeals · 1925
- In re LentzAppellate Division of the Supreme Court of the State of New York · 1935
- Saunders v. FredetteSupreme Court of New Hampshire · 1930
- State v. DomishSupreme Court of Minnesota · 1923
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