Wiltsie v. . Shaw
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, entered upon an order made December 6, 1882, which reversed a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. (Reported below, 29 Hun, 195.) This action was brought to recover damages for an alleged breach, on the part of defendant, of a contract for the purchase by defendant, and sale by the plaintiff, of certain real estate.
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Appeal from order of the General Term of the Supreme Court, in the third judicial department, entered upon an order made December 6, 1882, which reversed a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. (Reported below, 29 Hun, 195.) This action was brought to recover damages for an alleged breach, on the part of defendant, of a contract for the purchase by defendant, and sale by the plaintiff, of certain real estate. The sole defense was that the land was subject to the lien of certain legacies imposed by the will of Hiram Smith, who died seized…
1Opinion of the CourtDanforth, J.
In view of the conflicting opinions of the learned judges of the supreme court, it is apparent that reasonable doubts can be entertained upon the point raised by this appeal, but it appears to us, upon principle and authority, that the legacy in question is not a charge upon any part of the estate in any such sense as will make it a lien upon the land in the hands of the purchaser. It is possible to imagine contingencies which would require for its payment a portion of the personalty, or a portion of the realty, or both. The estate may be so diminished that either species of property would…
2Cases cited3 opinions
- Harris v. FlyNew York Court of Chancery · 1839
- Hoyt v. . HoytNew York Court of Appeals · 1881
- Myers v. EddyNew York Supreme Court · 1866
3Cited by13 opinions
- Brill v. . WrightNew York Court of Appeals · 1889
- In re the Estate of LilienthalNew York Surrogate's Court · 1930
- Irwin v. . TellerNew York Court of Appeals · 1907
- Tallman v. TallmanThe Superior Court of the City of New York and Buffalo · 1893
- In re the Construction of the Last Will & Testament of MouldNew York Surrogate's Court · 1921
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