Adams v. Fassett
New York Supreme Court
Appeal from special term, Jefferson county. Action by Mary J. Adams against Maria A. Fassett and others. There was a judgment in favor of plaintiff, and defendants appeal. Plaintiff was a creditor of John Fassett, deceased, who died October 1, 1884, leaving a last will and testament devising lands to the defendants, which are described in the complaint.
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Appeal from special term, Jefferson county. Action by Mary J. Adams against Maria A. Fassett and others. There was a judgment in favor of plaintiff, and defendants appeal. Plaintiff was a creditor of John Fassett, deceased, who died October 1, 1884, leaving a last will and testament devising lands to the defendants, which are described in the complaint. The answer of the defendants contains several denials, and therii states as follows: “Allege that the said several supposed causes of action ‘therein set forth did not, nor did any or either of them, accrue at any time within six years next…
1Opinion of the CourtHardin, P. J.
Section 1843 of the Code that "devisees of a testator are respectively liable for the debts of the decedent, arising by simple contract, or by specialty, to the extent of the-estate, interest, and right in the property, which * * * was-effectually devised to them by the decedent.” In Read v. Patterson, 134 N. Y. 130, 31 N. E. 445, the history of the legislation leading up to the enactment of section 1843 of the Code is given, and at page 136, 134 N. Y., and page 447, 31 N. E., of the opinion, it is-said that it is quite apparent that section 1848 of the Code enlarges the rights of creditors…
2Cases cited5 opinions
- Hulbert v. . ClarkNew York Court of Appeals · 1891
- Mead v. . JenkinsNew York Court of Appeals · 1884
- Mortimer v. ChambersNew York Supreme Court · 1892
- Read v. . PattersonNew York Court of Appeals · 1892
- Malloy v. VanderbiltNew York Supreme Court · 1877