Jackson ex dem. Herrick v. Babcock
New York Supreme Court
THIS was an action of ejectment for a lot of land in West-1 7 • - 7 jnoreland, in Uneida county. * The lessors of the plaintiff were the children and heirs at law * of John Herrick, who died seised of the premises in question ; and by his last will and testament, dated the 17th October, 1811, after devising to his nine children, by name, five sons and four daughters, goods, &c. to the amount of 15 dollars each, devised as follows : “ I give, &c. to my wife, Mary Bates, after…
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THIS was an action of ejectment for a lot of land in West-1 7 • - 7 jnoreland, in Uneida county. * The lessors of the plaintiff were the children and heirs at law * of John Herrick, who died seised of the premises in question ; and by his last will and testament, dated the 17th October, 1811, after devising to his nine children, by name, five sons and four daughters, goods, &c. to the amount of 15 dollars each, devised as follows : “ I give, &c. to my wife, Mary Bates, after payment of my debts and funéral charges, all my estate, both real and . ,, .. -j • • r . i i perSOnal, that 1 may be in…
1Opinion of the Court 1
[Spencer, J.
It was not the intention of the court, to overrule that case. On the contrary, we declared,, in Jackson v. Bull, that it was a correct decision.J,
It appears to ine~ that the decision in Jackson v. Bull is not founded in principle. A fee is claimed, by implication, oa the ground that the testator meant to benefit the dèvisee~ by the devise of the estate to. him~ Now, the devise~, whether the charg~ is personal, or, on the estate devised~ stands on no better or different ground ; it cannot be that he is bound to pay the debts and legacies, at all events, or beyond the estate devised…
Also in this document: Opinion of the Court · Platt.
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