Mollan v. Griffith
New York Court of Chancery
This was an appeal from a decision pf -the vice chancellor of the first circuit, refusing to dissolve An injunction, on bill and answer. Quintín Millen, who died in 1818, by his will directed, in the first place, that all his just debts, and his funeral expenses, should be paid as soon as convenient after his death.
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This was an appeal from a decision pf -the vice chancellor of the first circuit, refusing to dissolve An injunction, on bill and answer. Quintín Millen, who died in 1818, by his will directed, in the first place, that all his just debts, and his funeral expenses, should be paid as soon as convenient after his death. He then gave a legacy of $100 to his son Hugh, together with the interest on $5000 for his natural life; the Interest after the death of Hugh to be paid to his sister Mrs. Shaw, for life, and the principal to be afterwards distributed among her children. He also gave a similar…
1Opinion of the Court
The Chancellor.
The mortgage upon the Oliver street lot was to secure the payment of a debt contracted by the testator himself, and for which he gave his bond. The mortgage was therefore merely a collateral security "for the personal contract. And, as between the owners of the real and personal estate, as the law stood at the death of the testator, the personal property was the primary fund for the payment of this debt. (King v. King Ennis, 3 P. Wms. Rep. 358. Lanoy v. The Duke of Athol, 2 Atk. Rep. 444.) The revised statutes have changed this rule of equity; but that cannot affect these…
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