Livingston v. Executors of Livingston
New York Supreme Court
THIS was an action of assumpsit. The first count in the declaration stated,-that Robert Livingston, deceased, late proprietor of the manor of Livingston, died seised r Z 07 of a large real and personal estate, and being so seised, in his life-time, did, on the 31st of May, 1784, by will., devise largely to his five sons, of whom J-ohn and Wal- , . . . , , , , , ter were two, and reciting, tnat as he had advanced to his son Walter 4,000 pounds more than to his other three…
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THIS was an action of assumpsit. The first count in the declaration stated,-that Robert Livingston, deceased, late proprietor of the manor of Livingston, died seised r Z 07 of a large real and personal estate, and being so seised, in his life-time, did, on the 31st of May, 1784, by will., devise largely to his five sons, of whom J-ohn and Wal- , . . . , , , , , ter were two, and reciting, tnat as he had advanced to his son Walter 4,000 pounds more than to his other three sons, he did order, that the two devises to him were upon the further consideration, that he, his heirs, executors and…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. The 3,000 pounds directed to be paid by Walter Livingston to his brothers, was a charge upon the real estate. The two devises to him were in consideration that he paid that sum. The legatees were, perhaps, entitled to Haye sued him at law as a tertenant, according, to a decision of - the court of- errors in 1790. He was chargeable only as devisee or tertenant. It was not a personal duty, and of course, none descended to his personal representatives. His heirs are the only persons chargeable at law, as ter™ tenants or owners of the land. There is…
2Cited by7 opinions
- Gardner v. GardnerU.S. Circuit Court for the District of Rhode Island · 1823
- Lobach's CaseSupreme Court of Pennsylvania · 1837
- Gause v. WileySupreme Court of Pennsylvania · 1818
- Brown v. FurerSupreme Court of Pennsylvania · 1818
- Hoffman v. FriendNew Jersey Court of Chancery · 1920
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