In re Noyes

The Surrogate.

This testator left a will and codicil. By the first clause of the former instrument, he directed his executors to pay his just debts; by the fifth clause of the latter, he gave to one of those executors a two lots of ground situate in One Hundred and Thirty-fifth street, near Eighth avenue, in the city of New York.” Upon the property devised in the terms just quoted, certain taxes and assessments were due and unpaid at the time of the testator’s death. I am asked to determine whether the devisee takes the land clear of these taxes and assessments, or takes it cum onere.

It was…