Lord v. Lord
Supreme Court of Connecticut
This was a case, submitted to the superior court for New London county, upon a statement of facts, agreed to by the parties, under the statute of 1848, (Slat. 1849, pp. 109, -110;) and was reserved for the advice of this court. The case embraced the following facts : On the 15th day of February, 1852, William Lord, of Lyme, died, having made his last will and testament, which was subsequently duly proved and approved.
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This was a case, submitted to the superior court for New London county, upon a statement of facts, agreed to by the parties, under the statute of 1848, (Slat. 1849, pp. 109, -110;) and was reserved for the advice of this court. The case embraced the following facts : On the 15th day of February, 1852, William Lord, of Lyme, died, having made his last will and testament, which was subsequently duly proved and approved. The first provision of said will is as follows: “ I will, order, and direct, that all my just debts and funeral expenses be paid, out of my'personal estate, as I shall not…
1Opinion of the CourtEllsworth, J.
In the settlement of this estate, a ques*601tion is raised between the devisees, how the balance of $4,000 shall be provided for,—as the executors have applied all the property, they were directed to apply, and nothing is left, but property which is specifically devised : one party contending it shall be paid exclusively out of the personal estate which is specifically devised, and the other, out of the personal and real, equally.
There is no question, that, as a general principle of law, personal property must be taken for debts, before real, and that, where it is all specifically devised, the…
2Cases cited2 opinions
- Williamson v. WilliamsonNew York Court of Chancery · 1837
- Buchanan v. PueCourt of Appeals of Maryland · 1847
3Cited by6 opinions
- Gridley v. . GridleyNew York Court of Appeals · 1861
- Olmstead v. BrushSupreme Court of Connecticut · 1858
- Bird v. HawkinsNew Jersey Court of Chancery · 1899
- Nelson v. PomeroySupreme Court of Connecticut · 1894
- Cronkhite v. CronkhiteNew York Supreme Court · 1873
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