Moseley v. . Marshall
New York Court of Appeals
Appeal from a judgment of the Supreme Court, affirming, with modifications, a sentence of the surrogate of Erie county, rendered upon the final accounting of the appellant, as executor of Bela D. Coe, deceased.
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Appeal from a judgment of the Supreme Court, affirming, with modifications, a sentence of the surrogate of Erie county, rendered upon the final accounting of the appellant, as executor of Bela D. Coe, deceased. In the accounts of the appellant produced to the surrogate, he claimed credit for the sum of $2,576.30, which he had paid at several times for interest on certain bonds and mortgages executed by the testator, incumbering a property owned by him, situated in Buffalo, called the Mansion House; and the question in dispute was, whether this interest was properly payable by the appellant,…
1Opinion of the CourtDenio, J.
It is a well established principle, that where there is an estate for life, and a remainder in fee, and there exists an incumbrance binding the whole estate in the land, and no special equities between the remainderman and the tenant for life can be shown, the latter is bound to pay the interest accruing during the continuance of his estate, and the owner of the future estate is to pay off the principal of the lien. (4 Kent’s Com., 74; House v. House, 10 Paige, 158.) This rule would have defined the relative liabilities of these parties respecting the mortgages in question, if the will had…
2Cases cited2 opinions
- Bell v. Mayor of New-YorkNew York Court of Chancery · 1843
- House v. HouseNew York Court of Chancery · 1843
3Cited by10 opinions
- Burnet's Widow v. Burnet's & DeviseesNew Jersey Court of Chancery · 1889
- Clarke v. ClarkeNew York Supreme Court · 1893
- Behl v. CommissionerUnited States Tax Court · 1946
- Behl v. CommissionerUnited States Tax Court · 1946
- Clarke v. ClarkeNew York Supreme Court · 1894
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