Manson v. Manson
New York Supreme Court
Trial by the court. Robert C. Manson and another, executors, were plaintiffs, and Eliza W. Manson and others, defendants. The testator, Daniel Manson, by his last will and testament gave to his wife his household furniture and personal effects, and also the sum of $20,000, lawful money of the United States, to be paid to her by his executors within six months after his decease.
Read the full summary
Trial by the court. Robert C. Manson and another, executors, were plaintiffs, and Eliza W. Manson and others, defendants. The testator, Daniel Manson, by his last will and testament gave to his wife his household furniture and personal effects, and also the sum of $20,000, lawful money of the United States, to be paid to her by his executors within six months after his decease. The testator declared that the legacy given to his wife was intended to be and was given to her in full satisfaction and recompense and in lieu of her dower and third out of his estate. The testator, in a previous part…
1Opinion of the CourtVan Vorst, J.
[After stating the above facts.]— The principal question presented to the court for adjudication is as to whether or not the gift of $20,000 made by the testator to his wife is a charge upon his real estate. The general rule is, doubtless, as is urged by the learned counsel for the plaintiffs, that the personal estate of the testator is the primary fund for the payment of legacies, and that the real estate is relieved from contributing towards the payment of legacies, unless the will discloses a clear intention to charge it (Taylor v. Dodd, 58 N. Y. 335; Beavan v. Cooper, 72 Id. 317)*
As the…
2Cases cited10 opinions
- Bevan v. . CooperNew York Court of Appeals · 1878
- Lupton v. LuptonNew York Court of Chancery · 1817
- Harris v. FlyNew York Court of Chancery · 1839
- Taylor v. . DoddNew York Court of Appeals · 1874
- Du Bois v. RayNew York Court of Appeals · 1866
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Adkins v. AdkinsNew York Supreme Court · 1888
- In re PettitNew York Surrogate's Court · 1888
- McCorn v. McCornNew York Supreme Court · 1883