Legal Opinion

Coakley v. Chamberlain

The Superior Court of New York City

Decided November 15, 1869PublishedCited by 1 opinion

Appeal from a j ndgment. This action was brought by Andrew Coakley against James F. Chamberlain, sole surviving executor of the last will and testament of Mary Ann Burdock, deceased, Mary Ann Seaman, Charlotte Maria McKenzie, William Henry Burch, Emily Jane French, Greorge Frederick Burch, and Matilda Augusta Burch.

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Appeal from a j ndgment. This action was brought by Andrew Coakley against James F. Chamberlain, sole surviving executor of the last will and testament of Mary Ann Burdock, deceased, Mary Ann Seaman, Charlotte Maria McKenzie, William Henry Burch, Emily Jane French, Greorge Frederick Burch, and Matilda Augusta Burch. It appeared that one William Burch, was, at the time of his death, the owner in fee of premises No. 326 Eighth-avenue, in the city of New York, and, by his will, gave the use of said premises to his wife, Mary Ann Burch, during her natural life, and the fee to his children. In…

1Opinion of the Court

By the Court.—Freedman, J.

The defendants, Mary Ann Seaman,' Charlotte Maria McKenzie, William Henry Burch, .Emily Jane French, Greorge" Frederick Burch, and Matilda Augusta Burch, were not, in respect to the premises in question, the heirs of Mrs. Burdock, but of William Burch. Therefore, the statute, by which the heirs and devisees of any person who has made any covenant or agreement are held answerable upon such covenant or agreement, to the extent of the lands descended .or devised to them, does not apply to them, and the mere fact that they collected rent up to the time of final…

2Cases cited19 opinions

  1. Yale v. . DedererNew York Court of Appeals · 1858
  2. Yale v. . DedererNew York Court of Appeals · 1860
  3. White v. . WagerNew York Court of Appeals · 1862
  4. Sherman v. . ElderNew York Court of Appeals · 1862
  5. Ballin v. . DillayeNew York Court of Appeals · 1867

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3Cited by1 opinion

  1. Nesbitt v. ThompsonNew York Supreme Court · 1916

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