Opinion
11-01-1819
Blankenbeker v. Blankenbeker and Others
Christopher Blankenbeker, by his last Will and Testament, dated April 26th 1781, devised to his three sons, Ephraim, Lewis and Jonas, a tract of land, to be equally divided among them and their heirs at the death of their mother Christiana, to whom he devised the same for life. The testator died in May 1781; Ephraim the eldest son about May 1783, under age, intestate, and never having been married; and Christiana the widow, in December 1815. Lewis the second son contended that, upon the death of Ephraim, he was entitled to the whole of his real estate, whether in possession, reversion or remainder, as his sole and exclusive heir at law: --but Jonas the third son, the six daughters of the testator and their husbands, insisted, that an equal partition of Ephraim's share of the land in question should be made, after the death of the widow, among all the children.
Such was the case presented, upon a bill exhibited in July 1816, by Lewis Blankenbeker against Jonas Blankenbeker and his sisters.
Chancellor Nelson decreed an equal partition, as contended for by the defendants; from which decree the plaintiff appealed.
Decree reversed and cause remanded.
OPINION
The case was submitted here, without argument; and the following was the opinion of this Court.
The Court is of opinion that, by virtue of the devise contained in the Will of Christopher Blankenbeker, exhibited with the appellant's Bill, the appellant Lewis and the appellee Jonas were each entitled to one third of the tract of land in the proceedings mentioned, on the death of their mother Christiana the devisee for life; and that, in the event that has occurred, the descent of the whole remaining third thereof, which was by the said Will devised to Ephraim Blankenbeker, deceased, was cast upon the appellant; and none of the appellees are entitled to any portion of that third; and that the said proceedings and decree are erroneous so far as they conflict with this opinion.
Decree reversed, and cause remanded, to be further proceeded in, according to the principles of this decree.