Arden v. Arden
New York Court of Chancery
JACOB ARDEN, the defendants’ testator, being seised and possessed of considerable real and personal estate, on the 15th of April, 1778, made his last will, by which he gave to his son, theplaintiffs’ testator, a legacy of200/., payable three months after the testator’s death; and he also gave a legacy of 100/. to his daughter E,, and, for want of cash to discharge the said legacies, he directed and empowered his executors to sell any part off his estate they might think…
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JACOB ARDEN, the defendants’ testator, being seised and possessed of considerable real and personal estate, on the 15th of April, 1778, made his last will, by which he gave to his son, theplaintiffs’ testator, a legacy of200/., payable three months after the testator’s death; and he also gave a legacy of 100/. to his daughter E,, and, for want of cash to discharge the said legacies, he directed and empowered his executors to sell any part off his estate they might think best, for that purpose. The estate of the defendants’ testator was indebted to the plaintiffs’ testator, for 52 dollars and…
1Opinion of the Court
The Chancellor.
The validity of the charges specified in the exceptions, depended upon the proofs before the master, and I see no sufficient reason to interfere with his rein respect to either of' those charges which have not *316been allowed. Some of them were not supported by proof, and others do not appear ever to have been made and intended, by the defendants’ testator, as debts to be refunded by the son.
The transactions referred to are stale and ancient, and the more loose and difficult to unravel, because' they were family dealings, and concerns between the father and son. It would be…
2Cited by9 opinions
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- Summerville v. HollidaySupreme Court of Pennsylvania · 1833
- Heaney v. Butte & Montana Commercial Co.Montana Supreme Court · 1891
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