M'Comb v. Wright

5 Johns. Ch. 263 | New York Court of Chancery | 1821

The Chancellor overruled the exceptions,

and 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.