People v. Fulton Fire Insurance
New York Supreme Court
Error from the supreme court. The attorney general, in May, 1835, commenced an action of ejectment against the insurance company for the recovery of a lot of ground in Wall-street in the city of New-York, alleged to have escheated to the state upon the death of one Rachel White, who it was further alleged, had died seized of the lot without making any devise thereof, and leaving no heir capable of inheriting.
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Error from the supreme court. The attorney general, in May, 1835, commenced an action of ejectment against the insurance company for the recovery of a lot of ground in Wall-street in the city of New-York, alleged to have escheated to the state upon the death of one Rachel White, who it was further alleged, had died seized of the lot without making any devise thereof, and leaving no heir capable of inheriting. On the trial of the cause before the Hon. Odgien Edwards, one of the circuit judges, the following facts appeared: The property in question was conveyed to John Anderson, the father of…
1Opinion of the Court
At the January term, 1839, the following opinion was delivered in the supreme court:
By the Court, Cowen, J.
It was not denied that Rachel White, the propositus, inherited ex parte paterna, and died without lineal descendants. It followed that the premises in question could not go to her mother, or her connexions, the De Groves, through her. Rachel White was of the blood of the De Groves, and it was not contended that hearsay from deceased members of the De Grove family thus connected with her, might not be received as to the state of her immediate family ; nor was it necessary to deny that,…
2Cases cited2 opinions
- Chapman v. ChapmanSupreme Court of Connecticut · 1817
- Waldron v. TuttleSuperior Court of New Hampshire · 1828
3Cited by4 opinions
- Smith v. . City of RochesterNew York Court of Appeals · 1883
- Maybee v. FiskNew York Supreme Court · 1864
- People v. TuthillAppellate Division of the Supreme Court of the State of New York · 1917
- Washington v. Bank for SavingsAppellate Division of the Supreme Court of the State of New York · 1901