Van Orden v. Van Orden
New York Supreme Court
THIS was an action of assumpsit for a legacy. The husband of the plaintiff died seised of a large real and personal estate; and by h*s Ias* will, dated the 2d of July, 1807, devised all his real estate (except 69 acres of land) to his two sons, the defendants, during their natural lives. . Having proved the will, the defendants enteraed into possession of the property devised to them, on the 10th 1807. The will contained the following bequest to the “ I give and bequeath to…
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THIS was an action of assumpsit for a legacy. The husband of the plaintiff died seised of a large real and personal estate; and by h*s Ias* will, dated the 2d of July, 1807, devised all his real estate (except 69 acres of land) to his two sons, the defendants, during their natural lives. . Having proved the will, the defendants enteraed into possession of the property devised to them, on the 10th 1807. The will contained the following bequest to the “ I give and bequeath to my beloved wife Sarah, for so long a time as she shall remain my widow, the sum of fifty dollars annually. It is my will…
1Per curiam
This case doés not come entirely within that of Beecker v. Beecker, (7 Johns. Rep. 99.) for here is no express Prom‘se to Pay admitted, or stated to have been proved. But the question is, whether here is not. a circumstance equivalent to 1 . such a promise. The defendants are the original devisees, and, in consideration of the devise, they were expressly charged with tae payment of the annuity to the plaintiff. They took possession 0f the land devised, and they have paid to the plaintiff the first 1 , and part of the second annuity. There is no excuse offered why J *31they have discontinued the…
2Cited by18 opinions
- Hilliard v. Binford's HeirsSupreme Court of Alabama · 1847
- Adams v. AdamsSupreme Court of Alabama · 1864
- Lobach's CaseSupreme Court of Pennsylvania · 1837
- Jackson ex dem. Loucks v. ChurchillNew York Supreme Court · 1827
- Baumann v. JeffersonNew York Court of Common Pleas · 1893
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