Estate of Lannon
Superior Court of California, County of San Francisco
The opinion in Estate of Lannon was among those destroyed in San Francisco by the conflagration of 1906.
1Opinion of the Court
PEESONAL LIABILITY OF DEVISEES FOB CHABGES IMPOSED BY THE WILL.
For Payment of Legacies.—It is a well-recognized rule that when real estate is devised with directions to the devisee to pay a legacy, an acceptance of the devise carries with it the personal obligation on the part of the devisee to pay the legacy as directed. This personal liability may be created by the testator directly, without charging the property: Mason v. Smith, 49 Ala. 71; Olmstead v. Brush, 27 Conn. 530; Mahar v. O’Hara, 9 Ill. 424; Spearman v. Foote, 126 Ill. App. 370; Appeal of Haworth, 105 Pa. 362; Anderson v.…
2Cases cited75 opinions
- Fish v. HowlandNew York Court of Chancery · 1828
- Brown v. . KnappNew York Court of Appeals · 1879
- Collister v. . FassittNew York Court of Appeals · 1900
- Funk v. EgglestonIllinois Supreme Court · 1879
- Hoyt v. . HoytNew York Court of Appeals · 1881
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