Judson v. Gibbons
New York Supreme Court
This was an action of assumpsit, tried at the Albany circuit in September, 1829, before the Hon. William A. Du-er, then one of the circuit judges. The suit is for the recovery of the amount of several bills of exchange accepted by James Gibbons in his life time.
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This was an action of assumpsit, tried at the Albany circuit in September, 1829, before the Hon. William A. Du-er, then one of the circuit judges. The suit is for the recovery of the amount of several bills of exchange accepted by James Gibbons in his life time. The declaration is against Esther Gibbons and Jacob T. B. Van Vechten, as devisees, against James Gibbons and others, as children and heirs and devisees, and against C. E. Cobb and others, as grand children and likewise heirs of the acceptor. Van Vechten pleaded separately, 1. Non assumpsit by the testator; 2. That he had nothing by…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The questions presented in this case, in the order in which they arose at the circuit, are the following: 1. Is the defendant Van Vechten a devisee under the will of the testator 1 2. If not, could the plaintiffs enter a nolle prosequi as to him, and proceed against the other defendants 1 3. Were the children of Mrs. Cobb properly made defendants ?
*2271. There can be no doubt that the testator intended to convey his whole estate, real and personal, to the persons named by him as executors, upon the trusts mentioned in the will. When the testator died, the title to his…
2Cited by31 opinions
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