Conkling v. Weatherwax
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Hannah M. Hidley, from a judgment of the Supreme Court in favor of the plaintiff, and the defendant Emily A. Tompkins, entered in the office of the clerk of the county of Rensselaer on the 28th day of April, 1903, upon the decision of the court, rendered after a trial at the Rensselaer Special Term, adjudging the lien of certain legacies of the respondents to be superior to the liens of the other parties to the action upon real property devised by…
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Appeal by the defendant, Hannah M. Hidley, from a judgment of the Supreme Court in favor of the plaintiff, and the defendant Emily A. Tompkins, entered in the office of the clerk of the county of Rensselaer on the 28th day of April, 1903, upon the decision of the court, rendered after a trial at the Rensselaer Special Term, adjudging the lien of certain legacies of the respondents to be superior to the liens of the other parties to the action upon real property devised by the will of Henry Weatherwax, deceased.
1Opinion of the Court
Houghton, J.:
The Court of Appeals in its decision of this case (173 N. Y. 43) has eliminated all questions arising therein except the one growing out of the second trial, as to whether it was necessary for the plaintiff to prove that her legacy remained unpaid, and if that burden was upon her whether she proved that fact by competent evidence.
By the will of Henry Weatherwax, deceased, the legacies to plaintiff and to her sister, Emily A. Tompkins, respondent herein? were made a lien upon the farm devised to Charles Weatherwax, who is now deceased. During his lifetime he mortgaged the premises…
2Cases cited5 opinions
- Lent v. New York & Massachusetts Railway Co.New York Court of Appeals · 1892
- Merkle v. . BeidlemanNew York Court of Appeals · 1900
- Brater v. HopperNew York Supreme Court · 1894
- Conkling v. . WeatherwaxNew York Court of Appeals · 1903
- Coulter v. BowerNew York Court of Common Pleas · 1882
3Cited by2 opinions
- Archambeault v. JamelleSupreme Court of Connecticut · 1924
- In re the Estate of FeeNew York Surrogate's Court · 1934