Bevan v. . Cooper
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, afiirming a decree of the surrogate of the county of New York.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, afiirming a decree of the surrogate of the county of New York. (Reported below? 7 Hun, 117.) The appeal was by legatees under the will' of William Cooper, late of the city of New York, deceased, from so much of the decree of the said surrogate, upon the final accounting of the executors, as adjudged that the general legacies given by the will were not a charge upon the testator’s real estate. The material portions of the will are as follows : “First. I order and direct the payment of all my just •…
1Opinion of the CourtFolger, J.
This was an accounting of executors before the surrogate of New York county for a final settlement of their" accounts. In that proceeding it was sought, by certain of the general legatees, to have their legacies adjudged a charge upon the residuum of the real estate of the testator devised by him in trust.
There are some rules which are well settled as to the payment or charging of general legacies. One is that the primary fund for the payment of them is the personal estate. It is one which is to be observed, unless express direction otherwise is found in the will, or there be a clear intent…
2Cases cited6 opinions
- Stilwell v. . CarpenterNew York Court of Appeals · 1875
- Sipperly v. . BaucusNew York Court of Appeals · 1861
- Tucker v. TuckerNew York Court of Appeals · 1868
- Goddard v. PomeroyNew York Supreme Court · 1862
- Harris v. . ElyNew York Court of Appeals · 1862
1 more not listed; retrieve them via the Exa API.
3Cited by106 opinions
- In re the Estate of WagnerNew York Court of Appeals · 1890
- Riggs v. . CraggNew York Court of Appeals · 1882
- Hoyt v. . HoytNew York Court of Appeals · 1881
- Farmers' Loan Trust Co. v. . KipNew York Court of Appeals · 1908
- Ely v. . MegieNew York Court of Appeals · 1916
101 more not listed; retrieve them via the Exa API.