Stevens v. Vancleve
U.S. Circuit Court for the District of New Jersey
The plaintiffs [John Stevens and wife] claim one third of the land in controversy, in right of the female plaintiff as one of the heirs of Benjamin Vancleve deceased, and one other third part under a deed from Dr. Clark and his wife, the latter being also a daughter and one of the heirs of the deceased.
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The plaintiffs [John Stevens and wife] claim one third of the land in controversy, in right of the female plaintiff as one of the heirs of Benjamin Vancleve deceased, and one other third part under a deed from Dr. Clark and his wife, the latter being also a daughter and one of the heirs of the deceased. The defendant ÍJoseph W. Vancleve] is the son of the deceased, who claims the whole of the land under an instrument purporting to be the last will and testament of ..Benjamin Vaneleve. The cause turned altogether upon the validity of this instrument, which, it was contended by the plaintiffs’…
1Opinion of the Court
BY
THE COURT.
Such evidence is improper, as it is not pretended by the counsel, that they mean to prove the contents of that will, and to rest their defence upon it. On the contrary, they rely altogether, as they avow, upon the validity of the will executed on the 24th of August 1S17; and consequently the question respecting its validity cannot in any manner be fairly affected by the evidence offered in respect to the will of 1814. The only tendency of such evidence would be to prejudice the minds of the jury, and to lead them from the question which they have to decide.
The defendant's counsel…
2Cases cited3 opinions
- Jackson ex dem. Coe v. KniffenNew York Supreme Court · 1806
- Heister v. LynchSupreme Court of Pennsylvania · 1792
- Starrett v. DouglassSupreme Court of Pennsylvania · 1796
3Cited by28 opinions
- Throckmorton v. HoltSupreme Court of the United States · 1901
- De La Cuesta v. CalkinsCalifornia Supreme Court · 1896
- Wilson v. MitchellSupreme Court of Pennsylvania · 1882
- Roberts v. TrawickSupreme Court of Alabama · 1848
- Ring v. LawlessIllinois Supreme Court · 1901
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