Van Dyke v. . Emmons
New York Court of Appeals
This is an action upon a covenant of the defendant’s testator, John Yan Dyke, made on the 12th of June, 1828, wherein, after reciting that his father, then deceased, had devised one-third of his real estate to this plaintiff, and that the plaintiff had sold and conveyed the same to defendant’s testator, he, the testator, for a valuable consideration, agreed with the plaintiff “ to pay all such sum or sums of money, legacies and charges, and perform all such duties and…
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This is an action upon a covenant of the defendant’s testator, John Yan Dyke, made on the 12th of June, 1828, wherein, after reciting that his father, then deceased, had devised one-third of his real estate to this plaintiff, and that the plaintiff had sold and conveyed the same to defendant’s testator, he, the testator, for a valuable consideration, agreed with the plaintiff “ to pay all such sum or sums of money, legacies and charges, and perform all such duties and discharge all such incumbrances, as the plaintiff would have been liable to have paid, done and performed, if said conveyance…
1Opinion of the CourtPeckham, J.
The counsel for the appellant insists that the charge for the payment of the legacy to Mrs. Van Oleef, for her comfortable support and maintenance, &c., and of the §125, in case she should get married, were sufficiently charged upon the plaintiff, with his brothers, to convey a fee to them by implication, and that, therefore, there was a personal liability on the plaintiff to pay the legacy and provide for the support; that defendant’s testator, John; on the sale to him by the plaintiff of a part of the property devised to them in common, covenanted to pay all that plaintiff was liable to pay…
2Cited by2 opinions
- In re the Judicial Settlement of the Accounts of TaberAppellate Division of the Supreme Court of the State of New York · 1909
- Taber v. TaberAppellate Division of the Supreme Court of the State of New York · 1909