Wilkin v. Wilkin
New York Court of Chancery
THIS case arose on a rehearing, against a decree of the late Chancellor, dismissing the bill. The bill stated, that the plaintiffs are the children and heirs at law of William Wilkin, deceased. John Wilkin, their grandfather, before the 29th of July, 1752, purchased of the Widow Phillipse, and her children, a lot of land, (now in Orange county,) of about 500 acres, paid part of the purchase money, and entered into possession, but had no deed.
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THIS case arose on a rehearing, against a decree of the late Chancellor, dismissing the bill. The bill stated, that the plaintiffs are the children and heirs at law of William Wilkin, deceased. John Wilkin, their grandfather, before the 29th of July, 1752, purchased of the Widow Phillipse, and her children, a lot of land, (now in Orange county,) of about 500 acres, paid part of the purchase money, and entered into possession, but had no deed. He owed Jacobus Bruyn 200 pounds. On the 29th of July, 1562, he made his will, and among other things, devised as follows: “ I do give, devise, and…
1Opinion of the Court
The Chancellor.
This was not strictly a bill for partition. It was a bill for discovery, and for carrying into execution a partition, char -ec to have been formerly made. The defendant denies the title of the plaintiffs, and denies the fact of any partition. The parties have taken testimony on this point, and the plaintiffs have failed in the proof of their allegation, that a partition was formerly made, and still more in the designation of the specific portions assigned to each of the brothers. There is no evidence on the point, on which the court can act. It is, then, contended, that the…
2Cited by45 opinions
- De La Vega v. LeagueTexas Supreme Court · 1885
- Shaffer v. FettyWest Virginia Supreme Court · 1887
- Clark v. RollerSupreme Court of the United States · 1905
- Coxe v. SmithNew York Court of Chancery · 1820
- Deery v. McClintockWisconsin Supreme Court · 1872
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