10 Johns. 358 | N.Y. Sup. Ct. | 1813
The recovery was correct. Though Henry Pu!/Hr, ^le ancestor of the lessors of the plaintiff, may have made, a w;ii it ¿oes not follow that such will contained a devise of any . u part of his real estate, and particularly of the premises m question* The defendant was bound to show such a devise affirmatively,.if iie would bar the title of the heirs. The courts will never permit an heir to be disinherited by mere conjecture. Nor could the de» fendant be permitted to show that the premises lay out of lot No.
Judgment for the plaintiff.