New York Court of Appeals
Henry C. Howard, Respondents v. George C. Moot, Appellant
February 22, 187664 N.Y. 262
Summary
The New York Court of Appeals affirmed the lower court's judgment, holding that the 1821 act authorizing perpetuated testimony is constitutional and its certified depositions are admissible prima facie evidence, that a probate will is presumed competent unless incapacity is shown, that an alien may devise land under the 1798 act, and that the treaty and cession extinguished Indian title, thereby validating the plaintiffs' title to the Pulteney estate.