Craig v. Hone
New York Court of Chancery
A judgment creditor’s bill, filed after an execution had been returned unsatisfied. object of it was to reach the share and interest of the debtor in the estate left by his father, John Hone, deceased ? and to have' it applied, as far as might be necessary, to the payment and satisfaction of the complainant’s judgment.
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A judgment creditor’s bill, filed after an execution had been returned unsatisfied. object of it was to reach the share and interest of the debtor in the estate left by his father, John Hone, deceased ? and to have' it applied, as far as might be necessary, to the payment and satisfaction of the complainant’s judgment. And for this purpose, the bill set out the will of John Hone, dated on the thirty-first day of July, one thousand eight hundred and thirty, by which the testator had devised all his estate, real and personal, to his executors, in joint tenancy, or to such of them as might take…
1Opinion of the Court
The Vice-Chancellor:
This demurrer necessarily leads to an examination of the will of the late John Hone, and ¡of such of the provisions of the Revised Statutes as" are supposed to be applicable to it, for the purpose of ascertaining whether the defendant has such an interest under his .father’s will as is liable to be applied, by the court, to the payment of debts in judgment against him—and if so, the extent of such interest ?
The will is complicated in its provisions ; and there is considerable difficulty in getting at the precise object, and-meaning of the testator. After a careful perusal,…
2Cited by7 opinions
- Williams v. . ThornNew York Court of Appeals · 1877
- Cummings v. CoreyMichigan Supreme Court · 1885
- Tolles v. WoodNew York Court of Appeals · 1885
- Arzbacher v. MayerWisconsin Supreme Court · 1881
- Wetmore v. . TruslowNew York Court of Appeals · 1873
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