Clarke v. Bogardus
New York Supreme Court
Error from the superior court of the city of New-York. Bogardus, as collector of the goods and chattels which were of Hannah Fisher, deceased, by virtue of special letters of administration, sued Clarke on a bond executed by him to Hannah Fisher, bearing date 26th June, 1800, conditioned for the payment of $250 annually to the obligee during her natural life.
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Error from the superior court of the city of New-York. Bogardus, as collector of the goods and chattels which were of Hannah Fisher, deceased, by virtue of special letters of administration, sued Clarke on a bond executed by him to Hannah Fisher, bearing date 26th June, 1800, conditioned for the payment of $250 annually to the obligee during her natural life. The defendant pleaded, that on the 5th July, 1810, Hannah Fisher made and published her last will and testament, setting the same forth verbatim, by which the testatrix gave to her daughter Hilen a legacy of $750 as an evidence of her…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The only question is, whether the legacy given to the wife of the defendant and to her children and their legal representatives is a discharge of the defendant’s bond.
I know of no rule applicable to this case, except the general rule in the construction of wills, to wit, that the intention of the testator is to be sought for in the will itself, and carried into effect. The doctrine of a legacy, operating as payment of a debt, applies only where the testator is the debtor and the legatee is the creditor. The rule laid down in the books on that subject is, that a…
2Cases cited1 opinion
- Williams v. CraryNew York Supreme Court · 1830
3Cited by13 opinions
- Reynolds v. . RobinsonNew York Court of Appeals · 1880
- Winkler v. LietmanSupreme Court of Missouri · 1899
- In re Estate of FosterNew York Surrogate's Court · 1902
- Brunn v. SohuettWisconsin Supreme Court · 1884
- In re the Judicial Settlement of the Estate of FosterNew York Surrogate's Court · 1895
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