White v. Kane
The Superior Court of New York City
Case submitted to the general term, on a statement of facts agreed to by the parties. The controversy between the parties arose under the last will and testament of John H. White, late of the city of New York, deceased. The first clause of the will is in these words : “ After all my lawful debts are paid and discharged, I give, devise and bequeath, all my estate, real, personal or mixed, to my beloved wife, Lucy E. White, for her sole use, benefit and behoof forever.”
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Case submitted to the general term, on a statement of facts agreed to by the parties. The controversy between the parties arose under the last will and testament of John H. White, late of the city of New York, deceased. The first clause of the will is in these words : “ After all my lawful debts are paid and discharged, I give, devise and bequeath, all my estate, real, personal or mixed, to my beloved wife, Lucy E. White, for her sole use, benefit and behoof forever.” Mrs. White was then sole executrix of the will. She contracted to sell to the defendant certain real estate, owned by the…
1Opinion of the Court
By the Court.
Van Vorst, J.
By force of the language of the testator’s will, above given, his lawful debts were charged upon the real estate devised to his wife.
The existence of these debts however, did not prevent the vesting of the estate in the devisee. Seized of the estate, she had the right as devisee to convey the land.
The gift of the land, charged with his debts, was made to her individually, and not as executrix. The will did not clothe the executrix with a power of sale. The proceeds realized on the sale of the land, she would be entitled to receive, and if the personalty was…
2Cases cited4 opinions
- Reynolds v. . Reynolds' ExecutorsNew York Court of Appeals · 1857
- Hyde v. TannerNew York Supreme Court · 1847
- Slocum v. . EnglishNew York Court of Appeals · 1875
- Jewett v. KeenholtsNew York Supreme Court · 1853