Morris v. Mowatt
New York Court of Chancery
John Mowatt, jun. by his will, made in 1820, devised a part of his real estate to his wife, during her widowhood ; and after making certain pecuniary and specific bequests and legacies, he devised all the residue of his estate to his three sons, Charles Mowatt, James Mowatt, and John E. Mowatt, share and share alike.
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John Mowatt, jun. by his will, made in 1820, devised a part of his real estate to his wife, during her widowhood ; and after making certain pecuniary and specific bequests and legacies, he devised all the residue of his estate to his three sons, Charles Mowatt, James Mowatt, and John E. Mowatt, share and share alike. He also authorized his said three sons, who were appointed executors of the will, to sell any part of the real estate, for the payment of his debts or to carry into effect the uses and trusts of the will. After the death of J. Mowatt, jun. the complainants filed a bill against…
1Opinion of the Court
The Chancellor.
The purchaser in this case bid off the premises in question, at the master’s sale, under the' understanding, expressed at the time of the sale, that he was to have a perfect title under this decree; and if the master’s deed will not give him such a title, he must be discharged from the obligation of his purchase ; unless the parties interested in the sale can procure a discharge of the outstanding claims and incumbrances.
It is not necessary that I should particularly notice the mortgage given by two of the devisees to their mother, to secure her annuity. As she is dead, the…
2Cited by24 opinions
- Riggs v. . PursellNew York Court of Appeals · 1876
- Jackson v. EdwardsCourt for the Trial of Impeachments and Correction of Errors · 1839
- Swart v. ServiceNew York Supreme Court · 1839
- John S. v. TingleyNebraska Supreme Court · 1885
- Raynor v. . SelmesNew York Court of Appeals · 1873
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