Newkerk v. Newkerk
New York Supreme Court
In partition from tlie common pleas of Ulster county. The defendants bad pleaded that the plaintiffs did not hold in common with them, in manner and form, &c., upon which issue was taken, and a verdict rendered by consents subject to the opinion of the court on the following case.
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In partition from tlie common pleas of Ulster county. The defendants bad pleaded that the plaintiffs did not hold in common with them, in manner and form, &c., upon which issue was taken, and a verdict rendered by consents subject to the opinion of the court on the following case. In 1767, Cornelius Newkerk, deceased, being seized in fee of several undivided portions of land, in a tract called the Patentees’ Bos, or Partners Wood Land Tract, so named from having been originally purchased by nine persons, entered into ^articles of agreement with the then proprietors, by which they mutually…
1Opinion of the CourtLivingston, J.
This cause was very ably argued, and both parties appeared to admit it was one of considerable difficulty. It may be so, but we were well satisfied on the argument, and have seen no reason to change our opinion since, that the plaintiffs, Leah Newkerk and Jannetje Eoosa, took, under their father’s will, an absolute estate in fee-simple in the premises in question, in common with the other children and grandchild of the devisor, and that, therefore, they were entitled to recover in this suit.
It can hardly be doubted, that a devise of a man’s right in lands will pass all his estate and interest…
2Cited by19 opinions
- Oxley v. . LaneNew York Court of Appeals · 1866
- Porter v. BarrettMichigan Supreme Court · 1925
- Caw v. . RobertsonNew York Court of Appeals · 1851
- Schermerhorn v. NegusCourt for the Trial of Impeachments and Correction of Errors · 1845
- Martin v. BallouNew York Supreme Court · 1852
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