Roman Catholic German Church v. Wachter
New York Supreme Court
CASE submitted under section 372 of the code. Louisa Schadelle, who died in Albany on the 17th of September, 1862, by her last will and testament bequeathed to the plaintiffs, to be received by them and to be appropriated to the forwarding of the gospel, the sum of $500, and to her brothers and sisters, share and share alike, the balance of her estate, to be divided equally between them, which several legacies or sums of money she ordered and directed to be paid to the…
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CASE submitted under section 372 of the code. Louisa Schadelle, who died in Albany on the 17th of September, 1862, by her last will and testament bequeathed to the plaintiffs, to be received by them and to be appropriated to the forwarding of the gospel, the sum of $500, and to her brothers and sisters, share and share alike, the balance of her estate, to be divided equally between them, which several legacies or sums of money she ordered and directed to be paid to the several legatees within one year after her decease. After the will was admitted to probate the assets received being…
1Opinion of the Court
By the Court,
Miller, J.
This case presents the question whether the testatrix intended to charge her real estate with the payment of the legacy of $500, bequeathed to the plaintiffs.
The personal estate is the primary fund for the payment of debts and legacies. (Harris v. Fly, 7 Paige, 425.) They are never charged on the real estate, unless the testator or testatrix intended they should be; and that intention must be either expressly declared or fairly and satisfactorily inferred, from the language and dispositions of the wall. (Lupton v. Lupton, 2 John. Ch. 623.) This intent will be effectual…
2Cases cited6 opinions
- Harris v. FlyNew York Court of Chancery · 1839
- Reynolds v. . Reynolds' ExecutorsNew York Court of Appeals · 1857
- Tract v. TracyNew York Supreme Court · 1852
- Goddard v. PomeroyNew York Supreme Court · 1862
- Shelters v. JohnsonNew York Supreme Court · 1862
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Brooks v. BrooksAppellate Court of Illinois · 1896
- Cook v. LanningNew Jersey Court of Chancery · 1885
- Delehanty v. St. Vincent'S Orphan AsylumNew York Supreme Court · 1890
- Cooch's Exr. v. Cooch's Admr.Supreme Court of Delaware · 1879
- Ragan v. AllenNew York Supreme Court · 1876
1 more not listed; retrieve them via the Exa API.