Pritchard v. Hicks
New York Court of Chancery
The complainant and Mariena Pritehard were the joint owners of a house and lot in Greenwich street, in the city of New York, on which the complainant, with her assent, had given a mortgage to Kinlock Stewart. The complainant also owed to George Shevill on a note about $100, and to the estate of Colonel William Jones about $150, on a note given to him before his death.
Read the full summary
The complainant and Mariena Pritehard were the joint owners of a house and lot in Greenwich street, in the city of New York, on which the complainant, with her assent, had given a mortgage to Kinlock Stewart. The complainant also owed to George Shevill on a note about $100, and to the estate of Colonel William Jones about $150, on a note given to him before his death. In November, 1826, Mariena Pritchard made her will in writing, by which, after some small pecuniary legacies, she devised and bequeathed all the residue of her estate to the infant daughter of her relative William Stewart, of…
1Opinion of the Court
The Chancellor :—There is no validity in the objection made by the counsel of Hicks, that the residuary legatees are not parties to this suit. This is not the proper place *to contest the question as to the due execution of the codicil. As it relates to personal property only, if it was not duly executed, the executors should have proved the will without the codicil, and then all persons interested might have been cited before the surrogate to litigate that question, and have their rights settled by the proper tribunal. The defendants having undertaken the execution of the whole will, they…
2Cases cited1 opinion
- Coit v. StarkweatherSupreme Court of Connecticut · 1830
3Cited by21 opinions
- Glover v. PattenSupreme Court of the United States · 1897
- Graves v. GravesMassachusetts Supreme Judicial Court · 1871
- Johns v. JohnsAppellate Division of the Supreme Court of the State of New York · 1899
- Forrest v. ForrestThe Superior Court of New York City · 1856
- Allison v. SmithMichigan Supreme Court · 1868
16 more not listed; retrieve them via the Exa API.