House v. House
New York Court of Chancery
The bill in this cause was filed by two of the children of E. House deceased, against his widow and personal representatives and his other child, for an account and administration of his estate. The decedent in his lifetime had sold, and conveyed with warranty, a lot of land belonging to the complainants by descent from their deceased mother; in land which the intestate had only a life estate as tenant by .the curtesy.
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The bill in this cause was filed by two of the children of E. House deceased, against his widow and personal representatives and his other child, for an account and administration of his estate. The decedent in his lifetime had sold, and conveyed with warranty, a lot of land belonging to the complainants by descent from their deceased mother; in land which the intestate had only a life estate as tenant by .the curtesy. And the complainants by their bill claimed to bé paid out of" the personal estate of the decedent the amount for which the lot was sold, with interest thereon from the time of…
1Opinion of the Court
The Chancellor.
The arrangement proposed in the answer, in relation to the lot of the complainants which was conveyed by the decedent in his lifetime, appears to be proper and equitable,'and is sanctioned by the court. The decedent could only convey his life estate in the lot, as tenant by the curtesy ; and the complainants, if they had thought proper, could have immediately brought their suit against the purchaser for the recovery of the premises. The latter would then have had a remedy over against the personal representatives of the decedent, upon the covenant of warranty. But as the…
2Cases cited1 opinion
- Bennet v. JenkinsNew York Supreme Court · 1816
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- Potter v. . CromwellNew York Court of Appeals · 1869
- Murdock v. . GiffordNew York Court of Appeals · 1858
- Excelisor F. Ins. Co. v. . R. Ins. Co. of Liverp'l.New York Court of Appeals · 1873
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