Cunningham v. Whitford
New York Supreme Court
Appeal from circuit court, Queens county. Action by George A. Cunningham against Alexander Whitford and others, for the benefit of himself and all other creditors of Daniel Whitford, deceased, who would come in and contribute to the expenses of the action, to subject decedent’s estate to the payment of his debts.
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Appeal from circuit court, Queens county. Action by George A. Cunningham against Alexander Whitford and others, for the benefit of himself and all other creditors of Daniel Whitford, deceased, who would come in and contribute to the expenses of the action, to subject decedent’s estate to the payment of his debts. From a decree adjudging that a mortgage given by Alexander Whitford on land devised to him by decedent was a prior lien on the land, as against the debts of testator, the legatees named in the will and the creditors of deceased appeal.
1Opinion of the CourtMayham, P. J.
The case discloses that Daniel Whitford died May 20, 1888, the owner of a farm, and leaving a will whereby he bequeathed to three of his children $300 each, and to two grandchildren each $100. In and by said will he devised his farm to his son Alexander Whitford, by the following provisions:
“3d. I give, devise, and bequeath unto my beloved son Alexander Whitford all the rest, residue, and remainder of my estate, both real and personal, of what nature and kind so ever, to have and to hold the same to him, his heirs and assigns, on the condition and proviso that he pay to the above-named…
2Cases cited4 opinions
- Platt v. . PlattNew York Court of Appeals · 1887
- Hyde v. TannerNew York Supreme Court · 1847
- Covell v. WestonNew York Supreme Court · 1823
- Wilson v. WilsonNew York Supreme Court · 1852