Legal Opinion

Thorp v. Munro

New York Supreme Court

Decided January 15, 1888Published

Appeal from a judgment in favor of the plaintiffs, adjudging that the interest on the sum of $1,000, directed to be paid by the last will of Nathaniel Thorp, deceased, to D. Lyon Thorp, during his life, was a lien or charge upon certain premises described in the complaint in this action, directing a sale of the said premises and the payment of such interest out of the proceeds thereof.

1Opinion of the Court

Brady, J.:

This action was brought to charge a parcel of real estate with the burden of a legacy given by Nathan Thorp, deceased, who was a resident of New Jersey, and died at Bahway, in that State. He left him surviving a widow and an only child, Albert G. Thorp, Jr., whom he made his sole executor. The will directed the payment of debts, made provision for the widow by the appropriation to her use for life of the homestead in Bahway, the u'se of the household furniture and of the rents of realty in New Jersey, and the payment to her of the dividends on fifty shares of New Jersey railroad and…

2Cases cited6 opinions

  1. Hoyt v. . HoytNew York Court of Appeals · 1881
  2. Reynolds v. . Reynolds' ExecutorsNew York Court of Appeals · 1857
  3. Myers v. EddyNew York Supreme Court · 1866
  4. Tract v. TracyNew York Supreme Court · 1852
  5. Wiltsie v. . ShawNew York Court of Appeals · 1885

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