Pickering v. Pickering
Superior Court of New Hampshire
This was an action of assumpsit, in which the plaintiff alleged, that, on the 27th November, 1802, one E. Pickering, being seized of certain real estate, made his will and devised certain lands to the defendant and E. P-, provided the defendant should pay the plaintiff, annually, from the decease of the testator, the sum of twenty dollars, during her life ; that the testator died, on the 12th January, 1803 ; and afterwards the will was proved, and the defendant accepted the…
Read the full summary
This was an action of assumpsit, in which the plaintiff alleged, that, on the 27th November, 1802, one E. Pickering, being seized of certain real estate, made his will and devised certain lands to the defendant and E. P-, provided the defendant should pay the plaintiff, annually, from the decease of the testator, the sum of twenty dollars, during her life ; that the testator died, on the 12th January, 1803 ; and afterwards the will was proved, and the defendant accepted the devise and promised the plaintiff to pay her said sum, according to the will. The action was commenced on the 6th July,…
1Opinion of the Court
By the court.
It is contended, in this case, that no action can be maintained, for a legacy, without showing an express promise, on the part of the executor, to pay.
In England, where a legacy is not specific, but merely a gift out of the general assets, a court of common law will not entertain jurisdiction to compel payment of it, even though the executor admit the legacy to be due, and that he has assets, upon the ground that a court of common law is, from its rules, incompetent to administer that complete justice to the parties, which courts of *123equity have the power, and are in the constant…
2Cases cited4 opinions
- Farwell v. JacobsMassachusetts Supreme Judicial Court · 1808
- Beecker v. BeeckerNew York Supreme Court · 1810
- Fenner v. LewisNew York Supreme Court · 1813
- Piper v. PiperSuperior Court of New Hampshire · 1822
3Cited by6 opinions
- Rice v. Boston Port & Seaman's Aid SocietySupreme Court of New Hampshire · 1875
- Leavitt v. WoosterSuperior Court of New Hampshire · 1844
- Payne v. SmithSuperior Court of New Hampshire · 1841
- Pickering v. PickeringSuperior Court of New Hampshire · 1844
- Judge of Probate v. KimballSuperior Court of New Hampshire · 1841
1 more not listed; retrieve them via the Exa API.