Van Bramer v. Executors of Hoffman
New York Supreme Court
This was a suit for a legacy. At the last Columbia circuit, a verdict was. taken for the plaintiff, subject to the opinion of the court on the following case: Anthony Hoffman, by his last will, dated the 6th of February, 1784, devised to his son, Nicholas, all his lands lying in the county of Dutchess, and to his heirs forever; and after giving an annuity to his wife, the testator added, “ it is my will and desire, that my said son, Nicholas, his heirs or assigns, should…
Read the full summary
This was a suit for a legacy. At the last Columbia circuit, a verdict was. taken for the plaintiff, subject to the opinion of the court on the following case: Anthony Hoffman, by his last will, dated the 6th of February, 1784, devised to his son, Nicholas, all his lands lying in the county of Dutchess, and to his heirs forever; and after giving an annuity to his wife, the testator added, “ it is my will and desire, that my said son, Nicholas, his heirs or assigns, should well and truly pay or cause to be paid, to my executors, hereinafter named, the sum of six hundred pounds, after the…
1Opinion of the CourtRadcliff, J.
If a legacy be charged on land, and no time of payment is mentioned in the will, the rule is, that it shall carry interest from the time of the testator’s death, because *the land yields rents and profits. (3 Wooddes. 520. 2 Salk. 415. 1 Ves. 310.)(a) But this is not to be considered as a legacy chargeable on real estate; for although the moneys to be paid by the devisee of the testator are so *202chargeable, and are the fund out of which the legacy is to be paid, yet the charge on the real estate was not made with a view to this legacy, or for the benefit of the legatee, but for the purpose of…
2Cases cited2 opinions
- Dawes v. SwanMassachusetts Supreme Judicial Court · 1808
- Miles v. WisterSupreme Court of Pennsylvania · 1813
3Cited by5 opinions
- Lupton v. LuptonNew York Court of Chancery · 1817
- In re Vedder's EstateNew York Supreme Court · 1891
- Lyon v. Industrial School Ass'nNew York Supreme Court · 1889
- In re Goble's WillNew York Surrogate's Court · 1890
- In re WilliamsNew York Surrogate's Court · 1853