McCarthy v. Mullen

The opinion of the court was delivered by

Pitney, Chancellor.

The defendants in error, who were plaintiffs below, by their declaration averred that one Thomas Elynn in his lifetime was indebted to them for goods sold and delivered, money loaned, &c., and being so indebted departed this life leaving a last will and testament, whereby he devised and bequeathed to Timothy Elynn all his estate, both real and personal; that the said Timothy Elynn thereby became possessed of more than sufficient real and personal property to meet the debt so due and owing from the said Thomas Elynn to the plaintiffs;…