Legal Opinion

Lamport v. Beeman

New York Supreme Court

Decided September 2, 1861PublishedCited by 6 opinions

APPEAL by the defendant Beeman from a judgment entered at a special term, upon the judgment of a referee. On or about the 15th of April, 1835, Consider Lucas, of Canandaigua, Ontario county, died, leaving a will by which he directed his debts - and funeral expenses to be paid, in preference to any devise or legacy therein; then bequeathed to his brother Benjamin $50, and his sister Kesiah $25; and next gave to his widow, for her support and benefit during her life, the use…

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APPEAL by the defendant Beeman from a judgment entered at a special term, upon the judgment of a referee. On or about the 15th of April, 1835, Consider Lucas, of Canandaigua, Ontario county, died, leaving a will by which he directed his debts - and funeral expenses to be paid, in preference to any devise or legacy therein; then bequeathed to his brother Benjamin $50, and his sister Kesiah $25; and next gave to his widow, for her support and benefit during her life, the use of the residue of his personal and real estate and property. The value of the said personal and real estate and property,…

1Opinion of the Court

By the Court, Johnson, J.

This case, so far as the defendant Beeman is concerned, must turn wholly, I think, upon the question whether it is incumbent upon the executor, or the devisee, to pay the purchase money remaining unpaid upon lands purchased by the testator and held by him by contract at the time of his death. It has been repeatedly, and I believe uniformly, held that the heir or devisee could compel the executors or administrators to pay off such a debt, for his benefit, out of the assets in the hands of the latter. (Dart on Vend, and Burch. 125. Broome v. Monck, 10 Vesey, 597.…

2Cases cited2 opinions

  1. Johnson v. CorbettNew York Court of Chancery · 1844
  2. Cogswell v. CogswellNew York Court of Chancery · 1834

3Cited by6 opinions

  1. Sutherland v. HarrisonIllinois Supreme Court · 1877
  2. Wright v. . HolbrookNew York Court of Appeals · 1865
  3. In re the Estate of FogartyNew York Surrogate's Court · 1937
  4. Williams v. EatonNew York Surrogate's Court · 1878
  5. Wright v. HolbrookThe Superior Court of New York City · 1864

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