Legal Opinion

Kelsey v. . Western

New York Court of Appeals

Decided October 5, 1849PublishedCited by 22 opinions

Appeal from chancery. The bill was filed in 1838, to recover a legacy given to the complainant Charlotte, by the will of her father, Nathaniel Coles. The testator died in 1825, leaving a will whereby he devised all his real and personal estate to his sons, Nathaniel and Butler, on condition of paying debts and legacies, and appointed them his executors.

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Appeal from chancery. The bill was filed in 1838, to recover a legacy given to the complainant Charlotte, by the will of her father, Nathaniel Coles. The testator died in 1825, leaving a will whereby he devised all his real and personal estate to his sons, Nathaniel and Butler, on condition of paying debts and legacies, and appointed them his executors. He gave certain legacies and charged them expressly upon the real estate, among which was one to his daughter Charlotte, of $1500. In April, 1836, the devisees, Nathaniel and Butler, sold and conveyed to Henry M. Western all the real estate…

1Opinion of the Court

Jewett, Ch. J.

The principal ground of defence to the bill of complaint taken by the several defendants in their answers, are, 1st. That the complainant, Mrs. Kelsey, previous to her marriage, had been fully paid her legacy by the devisees N. and B. Coles; and if not, 2d. That on the first day of May, 1830, being then of full age, she released to said devisees her legacy, by means of which the lands devised to them, and which they subsequently conveyed to the defendant Western, were discharged of the lien created by the will of the testator for the payment of it. On the argument the second…

2Cases cited8 opinions

  1. Sands v. CodwiseCourt for the Trial of Impeachments and Correction of Errors · 1808
  2. Crocket v. LeeSupreme Court of the United States · 1822
  3. Day & Penfield v. Leal & LealNew York Supreme Court · 1817
  4. Beecker v. BeeckerNew York Supreme Court · 1810
  5. Mapes v. CoffinNew York Court of Chancery · 1835

3 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. In Re the Appraisal Under the Taxable Transfer Act of the Estate of DavisNew York Court of Appeals · 1896
  2. Loder v. . HatfieldNew York Court of Appeals · 1877
  3. De La Rama v. De La RamaSupreme Court of the United States · 1906
  4. Defreese v. LakeMichigan Supreme Court · 1896
  5. Chew v. . SheldonNew York Court of Appeals · 1915

17 more not listed; retrieve them via the Exa API.

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