Wilkes v. . Harper
New York Court of Appeals
Appeal from chancery. The appellants filed their bill in the court of chancery against the respondent, stating in substance as follows'.:. Charles Wilkes died in 1833, possessed of personal estate of the value of about $280,000, and also of a very large real estate, a part of which consisted of the house and lot Ho. 28 Laightstreet in the city of Hew-York.
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Appeal from chancery. The appellants filed their bill in the court of chancery against the respondent, stating in substance as follows'.:. Charles Wilkes died in 1833, possessed of personal estate of the value of about $280,000, and also of a very large real estate, a part of which consisted of the house and lot Ho. 28 Laightstreet in the city of Hew-York. He left his widow, Jane "Wilkes, and six children, George, Hamilton, Horatio, Anne, Charlotte, the wife of lord Jeffrey of Edinburgh, and Frances, the wife of D. C. Golden, surviving him, and appointed his widow executrix, and his three…
1Opinion of the CourtGardiner, J.
The complainants are the legatees and devisees of Charles Wilkes, the testator, and some of them the heirs at law of Horatio Wilkes, his executor, who died intestate. As legatees of Charles Wilkes they in no sense sustained to their co-legatee Horatio, or to each other, the relation of surety in respect to the debt of the Misses Garnett, or any other demand against the estate of their testator. According to the revised statutes, 452, section 28, “ The whole amount which a creditor of the testator shall be entitled to recover, shall be apportioned among the legatees in proportion to the…
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