Glen v. Fisher
New York Court of Chancery
THE bill stated, that C., the wife of the plaintiff, (x., was a daughter of Frederick Fisher, deceased, who, by his will, dated February 23, 1808, bequeathed to his son, Daniel F., the defendant, a farm of 240 acres, and 20 acres of woodland, and after the death or remarriage of his wife, he gave to the plaintiff, C., a milch cow, and 1500 dollars, in money, one fourth thereof to be paid by each of his sons, Daniel, Harman, John, and Jesse, within three years after the death…
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THE bill stated, that C., the wife of the plaintiff, (x., was a daughter of Frederick Fisher, deceased, who, by his will, dated February 23, 1808, bequeathed to his son, Daniel F., the defendant, a farm of 240 acres, and 20 acres of woodland, and after the death or remarriage of his wife, he gave to the plaintiff, C., a milch cow, and 1500 dollars, in money, one fourth thereof to be paid by each of his sons, Daniel, Harman, John, and Jesse, within three years after the death of his wife. The plaintiffs intermarried before the date of the will. The testator died June 9, 1809. His wife died…
1Opinion of the Court
The Chancellob.(1) The defendant has no right to require security to refund, before payment of the legacy, for he does not pay the legacy in a representative character. The devise was given to him on condition of paying such a legacy to the plaintiff, Catharine; and if he accepts of the devise, he takes it cum onere. This is the case of a devise, creating a charge on the person of the devisee, in *35ease of his acceptance of the gift, according to the distinction noticed in the case of Jackson v. Bull, (10 Johns. Rep. 148.) He did accept of the devise, and he became thereby absolutely and…
2Cited by17 opinions
- Defreese v. LakeMichigan Supreme Court · 1896
- Clift v. . MosesNew York Court of Appeals · 1889
- Hodges v. PhelpsSupreme Court of Vermont · 1893
- Bird v. HawkinsNew Jersey Court of Chancery · 1899
- Woodcock v. McDonaldSupreme Court of Alabama · 1857
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