Bogardus & Clark v. Clark
New York Court of Chancery
This was an appeal from a decretal order of the vice chancellor of the first circuit. The bill was filed for a partition of the real estate of which John Fisher died seised, one half of which the complainant, R. Bogardus, claimed, as trustee of his co-complainant, Maria Clark, who was one of the heirs at law of Fisher.
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This was an appeal from a decretal order of the vice chancellor of the first circuit. The bill was filed for a partition of the real estate of which John Fisher died seised, one half of which the complainant, R. Bogardus, claimed, as trustee of his co-complainant, Maria Clark, who was one of the heirs at law of Fisher. And the defendants, Diana Sawyer, formerly the wife of Fisher, and Lemuel Sawyer, her present husband, were made parties to the suit, on the ground that she was entitled to dower in the real estate of which partition was sought. For the purpose of barring the claim of Mrs.…
1Opinion of the Court
The Chancellor.
So far as the personal estate of the decedent was concerned, the surrogate had exclusive original jurisdiction to try and determine the validity of the will; and the decision of this court, upon the appeal fr om his decision, is binding and conclusive in all courts and places, until it shall *626be reversed, upon an appeal to a higher tribunal. It is in the nature of a proceeding in rem, to which any person having an interest may make himself a party by applying to the proper tribunal before which such proceeding is had; and who will therefore be bound by the sentence or decree of…
2Cases cited1 opinion
- Case v. ReeveNew York Supreme Court · 1817
3Cited by34 opinions
- Lyons v. Westinghouse Electric Corp.Court of Appeals for the Second Circuit · 1955
- Corley v. . McElmeelNew York Court of Appeals · 1896
- Bonnemort v. GillMassachusetts Supreme Judicial Court · 1897
- Hunt v. AcreSupreme Court of Alabama · 1856
- Thrasher v. IngramSupreme Court of Alabama · 1858
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