Leavenworth v. Cooney
New York Supreme Court
CASE agreed upon between the parties, and submitted tinder section 372 of the Code of Procedure. Patrick Oooney, late of Syracuse, died March 4th, 1863, leaving a will which is sufficiently set out in the opinion of the court, and leaving a widow and several children his heirs at law.
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CASE agreed upon between the parties, and submitted tinder section 372 of the Code of Procedure. Patrick Oooney, late of Syracuse, died March 4th, 1863, leaving a will which is sufficiently set out in the opinion of the court, and leaving a widow and several children his heirs at law. He left real estate of the estimated value of over $30,000, which was subject to several mortgages, to the amount of $10,300. These mortgages were all executed by the defendant, except one, which was given for the purchase money. The widow elected to take dower instead of the .provision made for her in the will,…
1Opinion of the CourtMorgan, J.
The question presented is, whether under the provisions of the will, the widow of Patrick Cooney, having elected to take her dower in the real estate of the testator, instead of the legacy bequeathed to her in lieu of dower, takes the same free from the incumbrances of the several mortgages executed by her husband in his lifetime, and in which she joined; or whether she must bear her share in the burden of paying them off.
The will devises all the real and personal estate of the testator to his executors, in trust, substantially as follows : First. To sell the same whenever they deem proper,…
2Cited by3 opinions
- Potter v. WatkinsNew Jersey Court of Chancery · 1928
- Burnet's Widow v. Burnet's & DeviseesNew Jersey Court of Chancery · 1889
- Graham v. . LindenNew York Court of Appeals · 1872