Hoyt v. . Hoyt
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 11, 1879, -which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 11, 1879, -which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. (Beported below, 17 Hun, 192.) This action was brought by plaintiffs as legatees under the will of their grandfather Belding Hoyt, among other things to have the legacies charged upon the real estate of which the testator died seized. The will was executed August 6, 1868. The clauses of it in question are as follows: “ First. I order and…
1Opinion of the Court
Folger, Ch. J.
This is a suit seeking a judgment that the legacies given by the second clause of the will of Belding Hoyt are a charge upon the real estate devised thereby. It is but to utter common knowledge, to say that legacies of money are to be paid from personal property, and that, if the personal estate is insufficient therefor, the legacies are to abate, unless the real estate is charged with the payment of them. There is no express direction in this will that these legacies be charged upon the real estate. Yet legacies may be charged upon real estate without express direction in the…
2Cases cited6 opinions
- Bevan v. . CooperNew York Court of Appeals · 1878
- Lupton v. LuptonNew York Court of Chancery · 1817
- Hays v. JacksonMassachusetts Supreme Judicial Court · 1809
- Robinson, Ex'r. C. v. . McIver and OthersSupreme Court of North Carolina · 1869
- Myers v. EddyNew York Supreme Court · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Brill v. . WrightNew York Court of Appeals · 1889
- Reid v. CorriganIllinois Supreme Court · 1892
- McGoldrick v. BodkinAppellate Division of the Supreme Court of the State of New York · 1910
- Ely v. ElyAppellate Division of the Supreme Court of the State of New York · 1914
- Larson v. CurranSupreme Court of Minnesota · 1913
51 more not listed; retrieve them via the Exa API.