New-York daily tribune., 1843-07-01
Court Calendar-NIonday
ouMoy PLrAs-Nos. 81 l3 a. 3, II, 81, -, Is, ., 40
CITY INTELLIGEN nee.


Court FOR TIE CoRREcTIoN OF ERRORS
The Lieutenant Governor in the Chair.
lMpoRrayr CAsE.-Mary c. p. MComb, plaintiff in
error vs. Benjamin Uaif,on aud wife defendants
Suit was brought iew weeks since by MIR Waidron and
wife against the Baptist Church in Broomstrce, claiming
the property right Of Mrs. w under the will other father
The presen, another growing out OF similar claim
1t is action Of ejecment to recover III acres OF land,
with dwenghouse at kiHgsbrdge, adjoining the Harlem
River The first tried before Judge Rugges,
Westchester County in 1899 From the various testimony
documents presented shown that the property
was bought in 1851 BY Nelee Eden Brewer of New-lor
from Abraham Lent BY the viii OF SAID Hleiee made IN
August 1898 the said premises devised 10 one OF his
sons aud the said pain, claims the property IN fee right
Of his wife, granddaughter of the said Neeef Eden The
Jury that al, gave verdict in favor of Mrs. AGComb
but the appeal back by ,he Supreme Court
and another trial had before Judge Rugglc in lsl which
resulted in favor Of plaintiffs.
1t shown the trial that the property Occupied
by the late Robert N;Comb It's large white house. viii,
out-houses standing the kingsb.idge
C4rret Glrreson a witness thu part Of plaintiff, te
fled that he knew the defendant and that she has lived in the
white house east Of Kngsbidse, for - years past He
knew that Abraham Lent built that house and claimed be
owner 1t built about 80 years since, shortly after the
Revolutions Daniel fIalsey lived upon the premises more
than 20 wears ago. aud he understood that Isey ed under
Medeei Eden, aud in possession when the latter died
Alexander NComb .ook possession when Hal>cy left, Wit
moss did know from whom Comb obtained possession.
The plaintiff then produced deed from Abraham Lent
and wife ". Eden dated APril | 1871, by which the,
sold him the property for flo0o, current money Of New
Yotk (S25OO)
Mr Jordan, counsel foT plaintiff gave testimony in the
H SAID that h- had commenced actions Of ej-cimef
aud this among others for lands neatoae in the Will and
the defence nader The e of Nedeef Eden. The viii
fm among Col Bnrr's Eap.s The witnesses the
vii, he b--,es, lgr al dead.
john VI Lewis sad that ~ vasa clerk in Col Bnrr's Office
from 1870 10 1884 Col b wasattoley and counsel for the
estate aq the yl IN Court his possession and he
(wirac5s had always understood be the VIII under
which the property mentioned in WIS held. Witness
knew the Broadway House, the Gol-strect property ,hr
Broomest'er properly &c mentioned in said Will and al
WAYS understood that they held uaLer the said Yll
aal that the VIII the foundation Of the title.
The vii Of Medevf Eden, dated Angus, 20 l19s, wa,
read Among other bequess it devices the property
Kinsbrige 70 his Joseph Eden and another clause
he gives his farm and Of lad his other soa Meref
with povso ;hat If either Of his should die withou,
ssue the property alluded 90 to the survivors and
if bo died without issue The brother Of esta
John Eden, Of Loitus Cleveland Yorkshire Eng.
land and his sister, Hannah Johnson Of htby IN York.
shire. The viii also appointed his wife Martha, and hi,
sons Joseph and Medeef, execurix and executors
taess stated that the properly, in 1876 was WORT,
$1,000; could not say how much it Is worth now
\ deed of the property in question from Joseph Eden 10
ilerr. McCom5 dated May /, 1899 for s30O5 was the,
rea! in evidence.
Thomas Butler witness testified that he knew Josspb
Eden aud Sedeef Eden the younger Joseph died on the
3oh Aug 1913, and buried the same d1y sedeef did
.7th July, 1919 and buried the following lay Wiz,
ness undertaken, aud buried them botk himself
The will Of Sledeef the younger then read Ii DE-
ylzes MS property 10 his wife during her lifetime provided
She coatnnes widow for the support Of herself and hel
hree children and his fend John PeIletrezu whom l.
wished 20 live with After the death Of his wife and
Pe-treau, the be divided equally among tho
daughter provided if they married. that they did so with
the consent Of Col Burr If either them did o;herwse
her share was 10 be divided among the other Thr
widow was authorized 10 sell part all the real estate
provided h= obtained The written consent in each case OF
his friend Col. Burr.
Joha VI. Lewis recalled. he stated that the WIDOW
Of Ardeef the younger died 1890 aud that JOHN Pele
eau died in December ls33 Elizabeth one of the aaur
ie's' married AID died without issu- R-brcca married join
l. lion and Sly Ann married tie plaia,i! Benjamin
Wald5on.
II was consuded THAI Joseph held but life interest in tn!
property and had right sell the property being deyzd
TO tsFs IN case Of ms dying without 5ue which con,i
euey took place AID That h whole Josephs share nali,
iryoived ppon Lis brother ilrleef
The plaintiff rested, and the defendant asked for oa..u
on '- ground that proof had been shown that ll
married with the Of Col Burr but the Jud d.
cided that such necessary
Several documents were thea Produced by defendant, bp
that which vas relied upon for the defence wa, op
claim deed IN 1876 the trustee Of 3irs. MComb !,
vhich the widow of Medeef the younger and Col.
Bur, agreed for the of $3.50 10 resign all claim
N behalf of the estate, the premises IN question
This the counsel for plaintiff contended she had no
gt 10 do as she held the property IN trust and was bound
transfer, TO receive value
The Jury found in favor of plaintiff and the case
again taken on appeal to the Supreme Court The