Lupton v. Lupton
New York Court of Chancery
[ * 615 ] THE plaintiffs, who were the children of Brandt Schuyler Lupton, deceased, and the grandchildren of William Lupton, deceased, and legatees under the will of the said William Lupton, filed their bill against the defendant W. Lupton, as executor, and against the other defendants, who are children, and immediate representatives of Lancaster and Elizabeth Lupton, deceased, two of the children of the testator, and devisees under the same will.
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[ * 615 ] THE plaintiffs, who were the children of Brandt Schuyler Lupton, deceased, and the grandchildren of William Lupton, deceased, and legatees under the will of the said William Lupton, filed their bill against the defendant W. Lupton, as executor, and against the other defendants, who are children, and immediate representatives of Lancaster and Elizabeth Lupton, deceased, two of the children of the testator, and devisees under the same will. The testator, William Lupion, deceased, being seised and possessed of real and personal estate, on the 20th of November, 1794, *made his last…
1Opinion of the Court
The Chancellor.
The right of the plaintiffs to recover their legacies from any of the defendants, except W. Lupton, the executor, will depend upon the decision of these two points:—
1. Whether the legacies were a charge upon the real estate:
2. Whether the executor who received, and afterwards wasted them, and charged them, on a settlement with the other representatives of the testator, is not exclusively responsible.
[ * 623 ]
1. The legacies were not specific, but common pecuniary legacies. This character of them cannot well be mistaken, (9 Vesey, 180. 11 Vesey, 607.) The testator bequeaths the…
2Cases cited1 opinion
- Van Bramer v. Executors of HoffmanNew York Supreme Court · 1801
3Cited by98 opinions
- Brown v. . KnappNew York Court of Appeals · 1879
- Brill v. . WrightNew York Court of Appeals · 1889
- Hoyt v. . HoytNew York Court of Appeals · 1881
- Hanson v. WorthingtonCourt of Appeals of Maryland · 1858
- Matter of City of RochesterNew York Court of Appeals · 1888
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