¶1and held, that lapse of time, and family ignorance of the existence of Catharine or John, for upwards of forty years before the sale in question, and the other circumstances, were sufficient to warrant this Court, or to warrant a jury, in a Court of law, and to render it the duty of either, to raise the presumption of death, without issue. That the title under the will of the plaintiff’s testator was, therefore, to be deemed good.
5 Johns. Ch. 263
M'Comb v. Wright
Decided June 7, 1821
New York Court of Chancery · decided 1821-06-07
THIS cause came to a hearing on exceptions to the master’s report, which was in favour of the competency of the plaintiff to give a good title, and such as a purchaser might safely take. The report stated, that Alexander Ogilvie was seized in fee, of the lot in question, and by his- will, dated 21st of •January, 1748, he gave all his estate, real and personal, to his wife for life, and then to his children, Alexander, Thomas, Jane, John and Catharine, as joint heirs.
Good law ✅— No negative treatment on recordhow we know
Decided 1821-06-07
How this case has been cited
Cited by 10 later decisions — most recently November 1950
10 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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