Armstrong v. McKelvey
New York Supreme Court
Appeal by the defendants from a judgment, entered on the report of a referee. The action was brought by the plaintiffs’ testator to charge the defendants with the payment of á debt due irom one Robert Smith, who died leaving a will, by which the defendants took an interest in his estate. By his will, which was admitted to probate and recorded, Smith bequeathed to the defendant Jennie MeKelvey , $200, and to the defendant Esther MeKelvey $200 and his bureau.
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Appeal by the defendants from a judgment, entered on the report of a referee. The action was brought by the plaintiffs’ testator to charge the defendants with the payment of á debt due irom one Robert Smith, who died leaving a will, by which the defendants took an interest in his estate. By his will, which was admitted to probate and recorded, Smith bequeathed to the defendant Jennie MeKelvey , $200, and to the defendant Esther MeKelvey $200 and his bureau. He directed the executor to provide a head-stone for his grave at a cost not exceeding $100. Then comes the third clause as follows : “ I…
1Opinion of the Court
Bradley, J.:
The statute provides that an action may be maintained against the next of kin or legatees of a testator to recover to the extent of the assets paid or distributed to them on the death of the decedent upon which an action might have- been maintained against the executor or administrator (Code Civ. Pro-, § 1837), and that the heirs and devisees of a testator are respectively liable for the debts of the-decedent, arising by simple contract or by specialty, to the extent or of the estate, interest and right in the real property which descended or was effectually devised to them by the…
2Cases cited13 opinions
- Craig v. LeslieSupreme Court of the United States · 1818
- Lindsay v. Jackson & McJimpseyNew York Court of Chancery · 1831
- Jordan v. . National Shoe and Leather BankNew York Court of Appeals · 1878
- Smith v. . FeltonNew York Court of Appeals · 1871
- Prentice v. . JanssenNew York Court of Appeals · 1880
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