Tole v. Hardy
New York Supreme Court
Assumpsit for 100 dollars, a legacy bequeathed to Mrs. t'ole, one of the plaintiffs, by the will of her late father, William Hardy, deceased ; tried at the Montgomery circuit, June 9th, 1825, before Walworth, C. Judge.
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Assumpsit for 100 dollars, a legacy bequeathed to Mrs. t'ole, one of the plaintiffs, by the will of her late father, William Hardy, deceased ; tried at the Montgomery circuit, June 9th, 1825, before Walworth, C. Judge. The declaration was of Saturday, the 5th of March, 1825 ; and alleged, that on the 4£A of May, 1824, the testator, being seized in fee of a farm in Springfield, Otsego county, devised it to the defendant in fee, subject (inter alia) to the legacy claimed ; that the testator died on the 12th of June, thereafter ; that the defendant entered into possession, and in consideration…
1Opinion of the Court
Curia, per
Woodworth, J.
If this action can be sustained, it must be on the ground that the legacy claimed *338is.charged on the estate devised, or on the defendant in respect to the estate; that the defendant became seised, entered on the premises, and thereupon promised to pay.
In the declaration, it is alleged that the defendant entered under the will, 'and thereby became liable to pay, and, being so in possession, promised.
It is contended that the defendant had not taken possession when the promise was made. The evidence is, that James Hardy, being in possession about six months after the…
2Cited by16 opinions
- Gridley v. . GridleyNew York Court of Appeals · 1861
- Heslop v. GattonIllinois Supreme Court · 1874
- In re the Judicial Settlement of the Account of LummisNew York Surrogate's Court · 1917
- Dill v. . WisnerNew York Court of Appeals · 1882
- Hoes v. Van HoesenNew York Court of Chancery · 1846
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