Beecker v. Beecker
New York Supreme Court
THIS was an action of assumpsit. The declaration stated, that Peter Beecker, on the 22d June, 1802, made his will, and devised to~ his son, the defendant, all his real estate in Greenwich, in Washington county, except the ground on which the baptist meeting-house stood, to hold the same in fee; subject, nevertheless, to the charges, legacies and encumbrances, mentioned, &c.
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THIS was an action of assumpsit. The declaration stated, that Peter Beecker, on the 22d June, 1802, made his will, and devised to~ his son, the defendant, all his real estate in Greenwich, in Washington county, except the ground on which the baptist meeting-house stood, to hold the same in fee; subject, nevertheless, to the charges, legacies and encumbrances, mentioned, &c. That by the same will he bequeathed to his daughter, the plaintiff, 90 dollars, to be paid to her in half-quarterly payments, by the defendant, during her life, upon the order of his executors; and which annuity was by the…
1Opinion of the Court
Kent, Ch. J. delivered the opinion of the court.
The promise stated in the declaration, is to be considered, after verdict, and upon the present motion, as an express promise. This is the presumption, and so it has been received by the courts, in a variety of cases, where there was no admission of the parties to contradict it. (Cowp. 283. 289. 7 Term Rep. 350. note. 4 Johns. Rep. 237.) The question, then, before us is, whether an action at law can be sustained against a devisee, upon his express promise to pay a specified sum, bequeathed as a legacy, and charged upon the land devised, and made…
2Cited by13 opinions
- Elwood v. DeifendorfNew York Supreme Court · 1848
- Gridley v. . GridleyNew York Court of Appeals · 1861
- Kelsey v. . WesternNew York Court of Appeals · 1849
- Kelsey v. DeyoNew York Supreme Court · 1824
- Brown v. FurerSupreme Court of Pennsylvania · 1818
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