Bacon v. Bonham
Supreme Court of New Jersey
On appeal from a decree of the chancellor, reported in Bacon v. Bonham, 12 O. E. Gr. 209. I. The deed put in evidence by the appellee, purporting to grant, convey and assign a legacy expected by Bel ford M. Bon-ham, under and by virtue of the will of John Bonham, having been executed during the lifetime of the said testator, is void as a conveyance or mortgage, both at law and in equity, and passed no rights in and to the legacy therein mentioned to the respondent, Elisha…
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On appeal from a decree of the chancellor, reported in Bacon v. Bonham, 12 O. E. Gr. 209. I. The deed put in evidence by the appellee, purporting to grant, convey and assign a legacy expected by Bel ford M. Bon-ham, under and by virtue of the will of John Bonham, having been executed during the lifetime of the said testator, is void as a conveyance or mortgage, both at law and in equity, and passed no rights in and to the legacy therein mentioned to the respondent, Elisha Bonham. (a) Because it purports to assign or mortgage a naked possibility. (h) Because the assignment of a possibility or…
1Opinion of the Court
*615The opinion of the court was delivered by
Parser, J.
The appellant, who was complainant in the court of chancery, was a judgment creditor of Belford M. Bonham.
He filed his bill against Belford M. Bonham and Elisha Bon-ham. Elisha was made a defendant individually, and also as executor of Jehu Bonham, deceased.
The prayer of the bill is for a decree, subjecting the proceeds of a legacy given to Belford M. Bonham by the will of Jehu Bonham, and alleged to be in the hands of Elisha Bonham, to the payment of the judgments held by the complainant against Belford.
Jehu Bonham executed his last will on…
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