Chamberlain v. . Chamberlain
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a decree of the surrogate of Cattaraugus county upon final settlement of the estate of Benjamin Chamberlain, deceased. The deceased died leaving a widow and no children. He left a will, a portion of which was declared invalid, and a large portion of his estate was left to be distributed under the statute. The facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a decree of the surrogate of Cattaraugus county upon final settlement of the estate of Benjamin Chamberlain, deceased. The deceased died leaving a widow and no children. He left a will, a portion of which was declared invalid, and a large portion of his estate was left to be distributed under the statute. The facts appear sufficiently in the opinion. The evidence from which the legitimacy of Simon might have been presumed, was overcome by the opposing evidence, and taken together, the…
1Opinion of the CourtEarl, J.
The sole question to be determined upon this appeal is whether Benjamin Chamberlain, the father of the Benjamin Chamberlain, whose property is now in controversy, was lawfully married to Effie Porter or to Sally Keyes. The courts below have determined that he was lawfully married to the former. A careful consideration of all the evidence has constrained us to differ with them.
About the year 1800 Chamberlain started from Massa ehusetts, with his wife and six young children, to take up his residence at Belfast, in Allegany county, in this State. On his journey his wife died. He was a farmer and…
2Cases cited2 opinions
- Clayton v. . WardellNew York Court of Appeals · 1850
- O'Gara v. . EisenlohrNew York Court of Appeals · 1868
3Cited by34 opinions
- Stevenson's EstateSupreme Court of Pennsylvania · 1922
- Cunningham v. National BankSupreme Court of Georgia · 1883
- In re the Judicial Settlement of the Accounts of First Trust & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1931
- In re the Estate of ErlangerNew York Surrogate's Court · 1932
- Jenkins v. JenkinsSupreme Court of Georgia · 1889
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