Jackson v. Van Dusen
New York Supreme Court
THIS was an action of ejectment, brought to recover u u . . the third part of a farm in the possession of the defend-1 ants, in the town of Canaan, in the county of Columbia. . _ . . . The cause was tried at the Columbia circuit, m October$ ,,, _ . rr 1807, before Mr. Justice Van Mess.
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THIS was an action of ejectment, brought to recover u u . . the third part of a farm in the possession of the defend-1 ants, in the town of Canaan, in the county of Columbia. . _ . . . The cause was tried at the Columbia circuit, m October$ ,,, _ . rr 1807, before Mr. Justice Van Mess. At the trial, the plaintiff proved, that Johannes Van Dusen, the grandfather of the lessors, in his life-time, was seised of the premises in question, and also of an egtate jn Kinderhooh, where he lived ; and that he died jn if 57, leaving four sons, viz. Robert, Lucas, Lawrence 7 ° 7 77 and John, and two…
1Opinion of the CourtVan Ness, J.
The determination of this motion involves the consideration of the folloAving questions of law, \riz.
1. Is there sufficient evidence to establish the formal execution of the will of Johannes Van Dusen P
2. Was improper testimony admitted, or proper testimony excluded ?
3. Was Elizabeth Van Dusen a competent witness ?
4. Was the jury misdirected, by being instructed, that the sanity of the testator (Johannes ‘ Van Du-sen) was, in the first instance, to be presumed, and that it therefore was incumbent on the defendant, in order to avoid his will, to prove he was not sane ?
1. All the attesting…
2Cited by55 opinions
- Eisenlord v. . ClumNew York Court of Appeals · 1891
- Jackson v. . JacksonNew York Court of Appeals · 1868
- Bever v. SpanglerSupreme Court of Iowa · 1895
- Jackson ex. rel. Cadwell v. KingNew York Supreme Court · 1825
- Stubbs v. HoustonSupreme Court of Alabama · 1859
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