« ΠροηγούμενηΣυνέχεια »
about forty-eight feet in width, front and rear, and twenty-nine feet deep, consisting, on the first floor, of a hall in the centre of the building, and a bed-room in the rear of such hall, and on either side of said hall two large rooms, besides a closet or pantry belong to the rooms, on either side of said hall; in addition to which, said house has a large basement cellar, together with a spacious attic, which is capable of being converted into several large sleeping rooms.
[And the plaintiff submits and insists that the said Christiana and the said Betsey, under the privilege granted in and by said will of remaining and living in said dwelling-house, are only entitled to suitable room for their convenience in said house, and that the free and uninterrupted use and enjoyment of one-half of said house furnishes suitable and ample room for such convenience, and that the free use and enjoyment of the other half of the said house belongs to the plaintiff
, and that he is justly entitled to the same, and the plaintiff submits and insists that said last will and testament makes no provision for the residence of the husband of the said Betsey in said dwelling-house, and that he is not entitled to live and dwell therein.]
That the plaintiff has been willing, from amicable consideration, that the said Christiana and the said Betsey, together with the husband of the said Betsey, should have the use, and occupy one-half, of said dwelling-house during the natural lives of the said Christiana and Betsey, provided they would allow the plaintiff to hold, use and occupy the other half part thereof; and that the said Christiana and the said Betsey might select either half
1 These allegations also are conclusions of law, which cannot properly be set forth in the complaint.
part of said house they might prefer, or which would suit their convenience, and that such willingness of the plaintiff has been often expressed, as well to the said Christiana and Betsey as to the said Cornelius ; and plaintiff has repeatedly offered to them, and each of them, to make, give, and accept such proposed divisions, but the said Christiana and Betsey, and the said Cornelius, have refused such offer, and have insisted that they are alone entitled to the use and possession of said dwelling-house, and every part thereof, and to the entire and absolute exclusion of the plaintiff therefrom, and from every part thereof; and the said Christiana and Betsey, and the said Cornelius, now hold possession of said dwelling-house, and exclude the plaintiff therefrom, and from every part thereof; and the plaintiff says that the defendants claim a life estate in said dwelling-house, and in the whole thereof, and to the exclusion of the plaintiff therefrom; and the plaintiff claims an equal, undivided interest therein, in common with the defendant, Christiana Hogadorn, during her life, or an equal undivided interest therein, in common with the said Christiana and Betsey, during their lives, and the entire interest therein, upon their decease.
Wherefore the plaintiff, by reason of the adverse claims of the said plaintiff and the said defendants, under said will, asks to have the construction of said will settled, in respect to the matters aforesaid, and to have the question, as to its provisions, determined, so far as concerns the interest and rights of the plaintiff in the said dwelling-house of the testator aforesaid, as well as the several rights and interests of the defendants therein.
And the plaintiff demands the judgment of this court, that the defendants may be adjudged to surrender and deliver to him the just and equal one-half part of said dwelling-house, and that a just and equitable partition
thereof, between the plaintiff and the defendant Christiana Hogadorn, according to their several rights and interests therein, if they alone shall be adjudged to be entitled to hold and possess the same, or between the plaintiff and the defendants, Christiana Hogadorn and Betsey Dubois, according to their several rights and interests therein, if they shall be adjudged to hold and possess the same, or between the plaintiff and all the defendants, if all the said defendants shall be adjudged to have a life interest therein, may be had or made; or for such other or further relief, in the premises, as to the said court may seem meet and proper to grant.
A. J. COLVIN,
and establish a lost will.
SUPREME COURT - COUNTY OF ALBANY.
agt. Catharine Cronk, George C. Cronk, John
Cronk, Lewis Fach and Elizabeth his wife, Margaret Cronk, Sarab Cronk and Robert Cutler.
The plaintiff in this action complains of the defendants as follows:
That Nathan Cronk, late of the town of Coeymans, in the county of Albany, and State of New-York, died on the 28th day of November, 1849, at the said town of Coeymans, and county of Albany, leaving the following persons, to wit: [naming them,] his children and heirs at law, him surviving; and that the said plaintiff and the defendants above named are according to the best of said plaintiff's knowledge, information and belief, the only heirs of the said Nathan Cronk.
That the said Nathan Cronk, at the time of his decease, was lawfully seized in his own right, in fee simple, of the following parcels and lots of land, lying in the said town of Coeymans, and county of Albany, that is to say: [Describing them.]
That the said real estate, whereof the said Nathan Cronk died seized and possessed, as aforesaid, was worth, at the time of the decease of the said Nathan, according to the best knowledge, information and belief of the said plaintiff, about the sum of $7,000.
That said Nathan Cronk, at the time of his decease, as aforesaid, was possessed in his own right of personal property, consisting of hay, grain, stock, farming implements, household effects, &c., which the plaintiff charges and believes was worth, at least, the sum of $1,000.
That on or about the 20th day of November, 1849, the said Nathan Cronk made his last will and testament of both his real and personal estate, he being, at the time of executing the same, of sound and disposing mind and memory, and in all respects competent to devise real estate, and not under restraint; and that the said will, according to the best knowledge, information and belief of the plaintiff, was in substance and to the effect following, that is to say: [Stating the same.]
That the aforesaid will of the said Nathan Cronk was in existence at and for some time subsequent to the death of the testator, the said Nathan Cronk, and was opened and read, and heard read, and was seen and known to be in existence, as the plaintiff is informed and believes, by sundry persons interested in its provisions.
That at the time of the decease of the said Nathan Cronk, he, the said plaintiff, was a minor, under the age of twenty-one years, and that he has but recently arrived at his majority; and that he is the Daniel Cronk, mentioned in said last will and testament, in whose favor the said bequest of $1,500 was made.
That no executors were named by the said testator in said will, nor have any letters testamentary, or of administration, been issued from the surrogate's court of the county of Albany upon the estate of the said testator; nor has the will of the said testator been proved in the surrogate's court of the county of Albany, for the reason that the same could not, after the most diligent and thorough search, be found.
That he is informed and believes, that the said will is lost by accident, or that the same has been destroyed, by design, by some person or persons who were interested in defeating the operation of the said bequest of $1,500 in his, the said plaintiff's favor.
That the aforesaid real property of the said Nathan Cronk was unincumbered and free from debt at the time of the execution of said will, and at the time of the death of the said Nathan Cronk; and that the personal property of the said Nathan Cronk was more than sufficient to pay all his debts.
That since the death of the said Nathan Cronk, as aforesaid, the defendant, George C. Cronk, conveyed, by deed, as heir at law of said Nathan Cronk, all his interest in the real property of the said Nathan Cronk to the said John Cronk, another of said defendants, and that the said John Cronk, Elizabeth Cronk, the wife of the said Lewis Fach, Sarah Cronk and Margaret Cronk have also by deed conveyed their interests in the real estate of the said Nathan Cronk to the said defendant, Robert Cutler, who is now