Schanck v. Arrowsmith
New Jersey Court of Chancery
The bill alleges that John Arrowsmith, late of the county of Monmouth, died possessed and seized of considerable real and some personal estate; that at the time of his death he left the following will, to wit: “ I do order that all my just debts and funeral charges be paid and satisfied as soon as can conveniently be done after my decease, by my son John Arrowsmith. Item.
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The bill alleges that John Arrowsmith, late of the county of Monmouth, died possessed and seized of considerable real and some personal estate; that at the time of his death he left the following will, to wit: “ I do order that all my just debts and funeral charges be paid and satisfied as soon as can conveniently be done after my decease, by my son John Arrowsmith. Item. I give and bequeath unto my wife, Mary Arrowsmith, the use and occupation of my mansion-house and kitchen during her widowhood, and also to be comfortably supported by my son, John Arrowsmith. And he also to pay unto my said…
1Opinion of the Court
The Chancellor.
The object of the bill is to raise, by sale, out of the real estate of which Henry M. Arrowsmith died seized, the amount of a legacy, which, by his will, he left to his daughter Gertrude, one of the complainants.
John Arrowsmith is made a defendant in the suit, because he is the devisee of the real estate upon which, it is alleged, the legacy is chargeable.
Mary Arrowsmith, who, since filing the bill, is deceased, and is now represented by her administrator, was made a defendant, because, as the widow of the testator, she claimed a lien or charge upon the estate, by reason of a…
2Cases cited2 opinions
- Harris v. FlyNew York Court of Chancery · 1839
- Beebe v. GardnerSupreme Court of Connecticut · 1835
3Cited by1 opinion
- D'Arcangelo v. D'ArcangeloNew Jersey Court of Chancery · 1945