Burhans v. Burhans
New York Court of Chancery
This case came before the chancellor upon an appeal from a decretal order of the late vice chancellor of the fourth circuit. In September, 1827, Cornelius Burhans the elder died, leaving his second wife, Anna Burhans, surviving, and five children by her, and six by his first wife, and four grandchildren, who were the issue of another child by his first wife, his only heirs at law.
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This case came before the chancellor upon an appeal from a decretal order of the late vice chancellor of the fourth circuit. In September, 1827, Cornelius Burhans the elder died, leaving his second wife, Anna Burhans, surviving, and five children by her, and six by his first wife, and four grandchildren, who were the issue of another child by his first wife, his only heirs at law. The bill in this cause was filed by some of the children and grandchildren, the issue of the first wife of the decedent, against the widow, and the four surviving children by the second wife, for a partition of the…
1Opinion of the Court
The Chancellor.
It is very evident from the state of the pleadings, and the facts as they appear in evidence, that no decree for a partition can be made in this cause, even if the complainants should succeed in recovering the possession of an undivided portion of the premises in an ejectment suit. If the deed of 1817 was valid, John C. Burhans was entitled to one undivided eleventh part of the premises in question, under that deed, and to one undivided eleventh of another eleventh, as one of the heirs at law of his half-brother William. No partition, therefore, could be made in a suit to which…
2Cited by17 opinions
- Jordan v. . Van EppsNew York Court of Appeals · 1881
- Florence v. . HopkinsNew York Court of Appeals · 1871
- Sanders v. DevereuxCourt of Appeals for the Eighth Circuit · 1894
- Savage v. SavageOregon Supreme Court · 1890
- Morse v. StockmanWisconsin Supreme Court · 1885
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