Dill v. Wisner
New York Supreme Court
The plaintiff’s testatrix, after making certain specific and pecuniary legacies, and bequeathing the residue of her personal property to a Mrs. Dill, devised her real estate to two persons named in the will, charged with the payment of all her just debts, funeral and testamentary expenses, and pecuniary legacies.
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The plaintiff’s testatrix, after making certain specific and pecuniary legacies, and bequeathing the residue of her personal property to a Mrs. Dill, devised her real estate to two persons named in the will, charged with the payment of all her just debts, funeral and testamentary expenses, and pecuniary legacies. One of the said devisees, acting, as lie claimed, as executor, collected the rents of the real estate from the death of the' testatrix, April 6, 1877, up to October 3,187S, when, discovering that the debts exceeded the value of the farm, the devisees executed a deed renouncing and…
1Opinion of the Court
Learned, P. J.:
The charge upon the land did not create a trust, in any accurate meaning of the word. It imposed only a lien or incumbrance. (Matter of Fox's Will, 52 N. Y., 530.) We are cited to no case in this State holding the contrary. Benson v. LeRoy (4 Johns. Ch., 651) was the case of a devise to trustees, in trust to pay debts and distribute the residue. It was not the case of a mere charge on lands devised. Clark v. Crego (47 Barb., 599) decides nothing on the point. There is no trust expressly given to the executors ; and it is not necessary to imply any.
It seems, this devise, if…
2Cases cited9 opinions
- Fish v. HowlandNew York Court of Chancery · 1828
- In the Matter of Will of FoxNew York Court of Appeals · 1873
- Gridley v. . GridleyNew York Court of Appeals · 1861
- Youngs v. . YoungsNew York Court of Appeals · 1871
- Morton v. MortonNew York Supreme Court · 1850
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