Vanderwerker v. Vanderwerker
New York Supreme Court
The bill in this cause was filed for the partition of three several pieces of land, of which it was claimed that the parties were tenants in common, as the heirs, and grantees of the heirs, of Abraham Vanderwerker, a deceased brother of the plaintiff, who died in the fall of 1841, intestate.
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The bill in this cause was filed for the partition of three several pieces of land, of which it was claimed that the parties were tenants in common, as the heirs, and grantees of the heirs, of Abraham Vanderwerker, a deceased brother of the plaintiff, who died in the fall of 1841, intestate. The title of Abraham Vanderwerker to the lands in question was derived from the last will and testament of his father Hendrick Vanderwerker, bearing date June 9, 1815. Hendrick, the testator, died on the 24th of April, 1816. The bill alledged that Abraham took a fee, under the will, and the respective…
1Opinion of the CourtWillard, J.
The first question to be examined in this case is as to the true construction of the will of Hendrick Vanderwerker, with respect to the devise to Abraham. The testator, by his will, devised all his estate, real and personal, to his wife during her widowhood, charged with the payment of his debts and the support of his minor children, and after her death he devised specific portions of his real estate, described by metes- and bounds, to each of his sons, Rolf, Peter, Lawrence, Adam and Cornelius, and to their heirs and assigns forever. He devised his grist mill to his sons George and Henry,…
2Cases cited4 opinions
- Van Epps v. Van DeusenNew York Court of Chancery · 1833
- Van Wyck v. SewardNew York Supreme Court · 1837
- Perkins v. WingNew York Supreme Court · 1813
- Barheydt v. BarheydtNew York Supreme Court · 1838
3Cited by3 opinions
- Shaver v. BrainardNew York Supreme Court · 1859
- Campbell v. RawdonNew York Supreme Court · 1854
- Jones v. Van Heusen Charles Co.Appellate Division of the Supreme Court of the State of New York · 1930