People v. Irvin
New York Supreme Court
This was an action of ejectment tried at the New York circuit, before the Hon. Ogden Edwards, one of the circuit judges. ' The premises claimed were alleged to have esc heated by' the death of one Thomas Irvin without heirs capable of inheriting. Thomas Irvin, although an alien born, had been duly naturalized, and was a citizen of the United States. He died intestate the 10th May, 1837, seised in fee of the premises in question.
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This was an action of ejectment tried at the New York circuit, before the Hon. Ogden Edwards, one of the circuit judges. ' The premises claimed were alleged to have esc heated by' the death of one Thomas Irvin without heirs capable of inheriting. Thomas Irvin, although an alien born, had been duly naturalized, and was a citizen of the United States. He died intestate the 10th May, 1837, seised in fee of the premises in question. He left no children or child, or other lineal descendant, nor was his father or mother living at the time of his decease; nor had he any brother or sister except such…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
William, the brother of the person last seised, if a citizen and capable of inheriting at the time of the decease of the intestate, would have taken the estate under § 8, of our statute of descents; and if dead leaving issue, also capable, they would like him have *130taken under the same section. 1 R. S. 752, § 8. 7 Wendell, 336. But he is an alien and therefore cannot take, and his uninheritable blood impedes the descent to the naturalized son, the defendant. It is perfectly settled upon all the law, that the nephew does not inherit immediately or personally from the…
2Cases cited2 opinions
- McCreery's Lessee v. SomervilleSupreme Court of the United States · 1824
- Jackson ex rel. E. Doran v. GreenNew York Supreme Court · 1831
3Cited by9 opinions
- Lynch v. ClarkeNew York Court of Chancery · 1844
- Beavan v. WentIllinois Supreme Court · 1895
- McGregor v. . ComstockNew York Court of Appeals · 1850
- St. John v. NorthrupNew York Supreme Court · 1856
- McLean v. . SwantonNew York Court of Appeals · 1856
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