Clift v. Moses
New York Supreme Court
Appeal from a judgment in favor of tbe plaintiff, enteréd in Onondaga county, upon tbe trial of this action by tbe court without a jury.
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Appeal from a judgment in favor of tbe plaintiff, enteréd in Onondaga county, upon tbe trial of this action by tbe court without a jury. April 9, 1878, Charles Pardee died:, leaving a last will and testament, of which the following is a copy: “ I, Charles Pardee, of Skanea,teles, county of Onondaga, being of sound mind and memory, do make, publish and declare this to be my last will and testament in the manner following: I do order and direct my executor, hereinafter named, to pay all my just debts and funeral expenses,as soon after my decease as can conveniently be done. I give and bequeath…
1Opinion of the Court
Follett, J.:
The heir, and at law the devisee, of an insolvent decedent is entitled, as against the personal representatives of creditors, to receive and retain as his own, rents and profits arising from realty between the date of the decedent’s death and the date of the sale of the real estate, for the payment of the decedent’s debts. (Gibson v. Farley, 16 Mass., 280; Boynton v. Peterborough and Shirley R. R. Co., 4 Cush., 467; Newcomb v. Stebbins, 9 Metc., 540; Lobdell v. Hayes, 12 Gray, 236; Towle v. Swasey, 106 Mass., 100; *315Campbell v. Johnston, 1 Sandf. Ch., 148; 2 Will. Ex. [6th Am. ed.],…
2Cases cited15 opinions
- United States v. FoxSupreme Court of the United States · 1877
- White v. . HowardNew York Court of Appeals · 1871
- Lent v. . HowardNew York Court of Appeals · 1882
- Phelps' v. . PondNew York Court of Appeals · 1861
- In the Matter of Will of FoxNew York Court of Appeals · 1873
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