Holton & Huckley v. Den ex dem., White
Supreme Court of New Jersey
This ease came up on a rule to show cause why the verdict rendered for the plaintiff in ejectment at the circuit should not be set aside, and a new trial granted, upon the following state of the case: The action is brought for an undivided share of a small tract of land, containing 5.70 acres, with a small house and barn, and known by the name of Oak island, situate in the county of Gloucester.
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This ease came up on a rule to show cause why the verdict rendered for the plaintiff in ejectment at the circuit should not be set aside, and a new trial granted, upon the following state of the case: The action is brought for an undivided share of a small tract of land, containing 5.70 acres, with a small house and barn, and known by the name of Oak island, situate in the county of Gloucester. On the trial, the plaintiff exhibited the following title, viz. an undisputed title in Israel Hendrickson, in 1793, who died without issue, in 1797, and intestate, leaving a widow. The premises…
1Opinion of the CourtNevius, J.
In support of the rule to show cause why a new trial should not be granted in this case, it is insisted—
1st. That the devise to Eli Hendrickson of all the plantation *333whereon the testator then lived included Oah island, the premises in dispute, and that such is the fair and legal construction of this devise, to be gathered from the whole scope of the will.
2d. That whether Oak island was or was not a part of the plantation devised to Eli Hendrickson and his heirs, was a question of fact, to be settled by evidence dehors the will as a latent ambiguity, by the verdict of a jury, and that the…
2Cases cited1 opinion
- Pegg v. DavisIndiana Supreme Court · 1829
3Cited by3 opinions
- In Re Klein's EstateNew Jersey Superior Court Appellate Division · 1955
- Russell v. RussellNew Jersey Superior Court Appellate Division · 1951
- Renaud v. RenaudCourt of Appeals of Texas · 1986