Dunham v. . Deraismes
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 16, 1898, reversing an interlocutory judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 16, 1898, reversing an interlocutory judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. It is plainly and independently declared and clearly inferable from the provisions of the will that the annuity to plaintiff during his life is a charge on the real estate. (Crawford v. McCarthy, 159 N. Y. 514; Buchanan v. Little,…
1Opinion of the CourtCullen, J.
This action was brought to declare an annuity bequeathed to the plaintiff by the will of John F. J; Deraismes a lien upon the real estate devised by said testator to his children and grandchildren. It is doubtless true that the personal estate of a testator is not only the primary, but the sole, fund for the payment of legacies, unless the testator has charged such payment upon his realty either exclusively or in aid of the personalty. That intent must be manifested by the will itself, or in certain cases may be made to appear by proof of extrinsic facts, such as the condition of the…
2Cases cited5 opinions
- McCorn v. . McCornNew York Court of Appeals · 1885
- Brill v. . WrightNew York Court of Appeals · 1889
- Briggs v. . CarrollNew York Court of Appeals · 1889
- Taylor v. . DoddNew York Court of Appeals · 1874
- Buchanan v. . LittleNew York Court of Appeals · 1897
3Cited by13 opinions
- Carley v. . HarperNew York Court of Appeals · 1916
- In re the Accounting of LewisNew York Surrogate's Court · 1953
- In re the Accounting of Guaranty Trust Co.Appellate Division of the Supreme Court of the State of New York · 1955
- Lediger v. CanfieldAppellate Division of the Supreme Court of the State of New York · 1903
- Wellbrook v. OttenNew York Supreme Court · 1901
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