Areson v. Areson
Court for the Trial of Impeachments and Correction of Errors
On error from the-.supreme ..court.-John E. Areson prosecuted Benjamin E. Areson-.iffthe. court below in ejectment, far one undivided fifth part of.-' certain lands in Flatbush, in tho county of Queens. The jury-found a special verdict, and the court ..'rendered judgment for- the- defendant.
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On error from the-.supreme ..court.-John E. Areson prosecuted Benjamin E. Areson-.iffthe. court below in ejectment, far one undivided fifth part of.-' certain lands in Flatbush, in tho county of Queens. The jury-found a special verdict, and the court ..'rendered judgment for- the- defendant. For a statement of, -the facts and the opinion -of the- supreme court, see 5 Hill, 410. .In' order to understand the, discussion here it will he sufficient to state that the plaintiff claimed title as one of the heirs- at law of Benjamin Areson deceased, who died seized, in 1841., having shortly before…
1Opinion of the Court
Barlow, Senator.
In considering this case, both the supreme court and the defendant’s counsel seem to render the uncertainty *459of the law more uncertain, by resorting to the speculative and uncertain rules of grammar.
It would appear as if the law of the land and the principles of grammatical construction were identical; for if we wish to know the law governing a will, we are told to look for the intent of the testator; and if we would be instructed how to parse or punctuate the same document according to the rules of syntax, we should be directed first to seek the meaning of the testator.…
2Cited by18 opinions
- Adams v. . MasseyNew York Court of Appeals · 1906
- Rivenett v. BourquinMichigan Supreme Court · 1884
- Bogart & Jackson v. Van VelsorNew York Court of Chancery · 1848
- Higgins v. MispethNew Jersey Court of Chancery · 1935
- Creech v. McVaughNew Jersey Court of Chancery · 1947
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