M'Kinnon v. Thompson
New York Court of Chancery
On the coming in of the report of the Master in this cause, before whom the defendants were decreed to account, a question was raised on the report.
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On the coming in of the report of the Master in this cause, before whom the defendants were decreed to account, a question was raised on the report. It appeared that the testator, by his will, dated the 12th of March, 1806, after devising several parts of his real and personal estate, added the following clause: “ I do will and direct, that the rents, issues and profits of my house and lot of ground iff Mulberry-street, now under lease, shall be received by my executors herein after named, until the determination 0f sapj leage, in whatever way the same may be determined, and such rents,…
1Opinion of the Court
The Chancellor.
The devise of the house and Ipl was null and void, inasmuch as the testator had no legal or equitable title to it at the date of the devise. The judgment debt was a lien, but gave no title; even that lien could not have been enforced by execution against the land, except on a deficiency of goods and chattels. Redmond may have had personal property, at the time, sufficient to satisfy the judgment. But that circumstance is not material. A devise is in the nature of a conveyance, or an appointment of a specific estate, and nothing passes, but what the testator owned at the time of…
2Cited by8 opinions
- In re the Will of MillerSupreme Court of Iowa · 1905
- Ball v. MillikenSupreme Court of Rhode Island · 1910
- Fidelity Union Trust Co. v. RoestNew Jersey Court of Chancery · 1933
- In re the Accounting of BarnettAppellate Division of the Supreme Court of the State of New York · 1957
- George v. PeopleAppellate Division of the Supreme Court of the State of New York · 1944
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