Rapalye v. Rapalye
New York Supreme Court
APPEAL from a judgment entered at a special term. The action was brought by the plaintiff as executor of Coert Horton deceased, for a construction of the last will and testament of the testator, dated May 14, 1842; and for a judicial determination of the rights of the several parties claiming interests in the estate of the testator.
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APPEAL from a judgment entered at a special term. The action was brought by the plaintiff as executor of Coert Horton deceased, for a construction of the last will and testament of the testator, dated May 14, 1842; and for a judicial determination of the rights of the several parties claiming interests in the estate of the testator. The testator died December 23, 1843, leaving his widow Ann Maria Horton, and three children, Jacob, Hannah Maria, (wife of the defendant L. C. Bapalye,) and Coert, surviving him. The testator, about a year and a half before his death, had bought for his daughter…
1Opinion of the Court
By the Court, Birdseye, J.
The judgment appealed from must be affirmed, for the reasons stated by the learned judge at the special term. I concur in the views which he has there, expressed, and am willing to adopt them as the opinion of this court.
*620But as two very recent authorities were cited before us which were not before him, it is proper to refer briefly to them. They are Waldron v. Waldron, (4 Bradf. Sur. R. 114,) and Taylor v. Wendel, (id. 324.) They both relate to the third and principal point discussed below, whether the devisee takes the land devised, subject to the mortgage upon it,…
2Cited by7 opinions
- Heermans v. . RobertsonNew York Court of Appeals · 1876
- In re United States Mortgage & Trust Co.New York Surrogate's Court · 1929
- Searles v. BraceNew York Supreme Court · 1886
- Robinson v. RobinsonNew York Supreme Court · 1869
- Wells v. WellsThe Superior Court of the City of New York and Buffalo · 1892
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