Lockwood v. Stockholm
New York Court of Chancery
This was an appeal by Abraham Sleight, one of the defendants, from a decree of the vice chancellor of the second circuit. The bill was filed by the executors of W. Rider, deceased, who survived his wife, to recover the one fourth part of a legacy given to Mrs. Rider, the sister of the appellant, by the will of her father; which one fourth part of the legacy was charged upon a farm devised to the appellant by such will.
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This was an appeal by Abraham Sleight, one of the defendants, from a decree of the vice chancellor of the second circuit. The bill was filed by the executors of W. Rider, deceased, who survived his wife, to recover the one fourth part of a legacy given to Mrs. Rider, the sister of the appellant, by the will of her father; which one fourth part of the legacy was charged upon a farm devised to the appellant by such will. The principal ground of defence set up by the appellant was, that the farm was his, and never belonged to his father, but was actually purchased and paid for by the appellant…
1Opinion of the Court
The Chancellor.
Upon a full examination of all the testimony in this case, I have no doubt, that the defence set up by the appellant, that the farm never belonged to the testator, was not true in fact. In the first place, it is wholly improbable that the father, in apportioning his real estate among his four sons, would devise this farm to the appellant by such a description, if he had not himself purchased it; although I have no doubt that he actually intended, at the time of such purchase, to let the son have the use of it, and to devise it to him by his will, charged with a proper portion…
2Cited by10 opinions
- In re HarveyNew York Surrogate's Court · 1877
- Perry v. HaleSupreme Court of New Hampshire · 1860
- In re the Judicial Settlement of the Estate of JohnsonNew York Surrogate's Court · 1925
- Amalgamated Properties, Inc. v. LusherCity of New York Municipal Court · 1937
- Gilman v. McArdleThe Superior Court of New York City · 1883
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