Havens v. Van Den Burgh
Court for the Trial of Impeachments and Correction of Errors
Ejectment for land in the county of Greene, tried before Parker, C. Judge, at the Greene circuit, in September, 1844. It was admitted on the trial that Ilykert Van Den Burgh died seized of the premises in question, in September, 1807, leaving seven children, of whom Hannah Havens, one of the plaintiffs, and who is the wife of the other plaintiff, was one.
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Ejectment for land in the county of Greene, tried before Parker, C. Judge, at the Greene circuit, in September, 1844. It was admitted on the trial that Ilykert Van Den Burgh died seized of the premises in question, in September, 1807, leaving seven children, of whom Hannah Havens, one of the plaintiffs, and who is the wife of the other plaintiff, was one. She was born in November, 1806, and was the only issue of R. Van Den Burgh by his second marriage, which took place in January, 1806. The other six children, two sons and four daughters, were born of a former marriage ; the defendant is one…
1Per curiam
It was not offered to be proved that the testator ever saw or heard of the unexecuted paper. It was not in his hand-writing, and it did not appear when it was prepared, or why, if prepared at his request, it was not executed. There is a failure in the offer to connect him with the paper, and we cannot indulge in conjecture concerning it. If however it had ap peared to have been dictated by hini, it would not have had the effect claimed for it by the defendant.. Slight circumstances in some cases have been held sufficient to destroy the presumption of a revocation, arising out of a change in…
2Cited by5 opinions
- Francis v. MarshWest Virginia Supreme Court · 1904
- In re the Probate of the Last Will & Testament of Del GenoveseAppellate Division of the Supreme Court of the State of New York · 1915
- In re the Estate of MosherNew York Surrogate's Court · 1932
- Deupree v. DeupreeSupreme Court of Georgia · 1872
- Paschal P. Wheeler v. Sarah B.B. WheelerSupreme Court of Rhode Island · 1850