Gookin v. True
Superior Court of New Hampshire
Debt upon a probate bond, given by the defendant upon his taking upon himself the burthen of executing the will of Samuel Davis, deceased. The cause was submitted to the decision of the court, upon the following facts : Samuel Davis, having made his will, and therein appointed the defendant his executor, died on the 3d January, ISOS. The will was duly proved and allowed on the 20th January, 5SOS ; and the defendant took upon himself the burthen of executing it.
Read the full summary
Debt upon a probate bond, given by the defendant upon his taking upon himself the burthen of executing the will of Samuel Davis, deceased. The cause was submitted to the decision of the court, upon the following facts : Samuel Davis, having made his will, and therein appointed the defendant his executor, died on the 3d January, ISOS. The will was duly proved and allowed on the 20th January, 5SOS ; and the defendant took upon himself the burthen of executing it. The testator, after devising all his real estate, with certain exceptions, to his grandson Samuel Davis, inserted in ins will the…
1Opinion of the Court
By the court
Upon a view of all the provisions in the will of Samuel Davis, it does not seem to us to admff of a question, that it was the intention of the testator to make the legacies given to his grand-daughters, Sarah Bickford and Hannah Dams, a charge upon the real estate devised to his grandson Samuel Davis. Prec. Ch. 288, Jones vs Jay As Samvel Davis has entered into the land devised to him, he ha become liable to pay these legacies ; and they cannot be *290considered as a charge upon the estate generally, which let executor is bound to pay The devisee, who has entered mtc the laud and now…
2Cases cited1 opinion
- Piper v. PiperSuperior Court of New Hampshire · 1822
3Cited by1 opinion
- Leavitt v. WoosterSuperior Court of New Hampshire · 1844