Hutchins v. Hutchins
New York Supreme Court
Actions to have legacies given to the .plaintiffs, by the will of their father, adjudged to be a first lien upon the real estate of which he died seized; and that such lien be enforced by' a sale of such real estate. The actions were, tried together.
1Opinion of the CourtMcLaughlin, J.
In December, 1879, Cyrell Hutchins died, leaving a will, which was admitted to probate and letters testamentary issued to the executor therein named, the defendant Wallace P. Hutchins, on the 26th day of January, 1880. That portion of the will which is material to the questions involved is as follows:
“ First. After all my lawful debts are paid and discharged, I give and bequeath:
“1. I give and bequeath to my beloved wife Caroline and to my son Wallace P. Hutchins, jointly and equally, the whole of my real estate included in the home farm, containing about 250 acres land, to have and to hold…
2Cases cited10 opinions
- Fish v. HowlandNew York Court of Chancery · 1828
- Brown v. . KnappNew York Court of Appeals · 1879
- Harris v. FlyNew York Court of Chancery · 1839
- Loder v. . HatfieldNew York Court of Appeals · 1877
- Gridley v. . GridleyNew York Court of Appeals · 1861
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3Cited by7 opinions
- Hassberger v. General Builders' Supply Co.Michigan Supreme Court · 1921
- Kendall v. KendallAppellate Division of the Supreme Court of the State of New York · 1922
- Dodds v. McColganAppellate Division of the Supreme Court of the State of New York · 1927
- Robinson v. HoaglandAppellate Division of the Supreme Court of the State of New York · 1900
- In re the Construction of the Will of AmbrosioNew York Surrogate's Court · 1958
2 more not listed; retrieve them via the Exa API.