Loder v. . Hatfield
New York Court of Appeals
These were cross-appeals from a judgment of the General Term of the Supreme Court, in the first judicial department, affirming m part and reversing in part, a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term.
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These were cross-appeals from a judgment of the General Term of the Supreme Court, in the first judicial department, affirming m part and reversing in part, a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 4 Hun, 36.) This action was brought by plaintiff as administratrix of the estate of Eunice Hatfield, deceased, to enforce the payment of two legacies, alleged to he chargeable on certain real estate devised to Jonathan Hatfield, and held by defendants as his devisees. Befendantspleaded, among other things, the statute of…
1Opinion of the CourtFolger, J.
The legacies in question in this case are charged upon the lands • devised to the testator of the defendants. The devise of the lauds was expressly upon certain 11condi-tions and proviso and it is again stated in the will, that the devise of the homestead farm to the son Jonathan Avas on “ conditions and proviso before mentioned.” It is plain that within these conditions and proviso fall the legacies to the several daughters of the testator, among which are those now in controversy. A devise of land to one, on condition that he pay the legacies given by the will, make them a charge thereon in…
2Cases cited8 opinions
- Ball v. State of New YorkNew York Court of Appeals · 1977
- Fish v. HowlandNew York Court of Chancery · 1828
- Borst v. . CoreyNew York Court of Appeals · 1857
- Kelsey v. . WesternNew York Court of Appeals · 1849
- Souzer v. De MeyerNew York Court of Chancery · 1831
3 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Butler v. . JohnsonNew York Court of Appeals · 1888
- Gilmore v. . HamNew York Court of Appeals · 1894
- Shufeldt v. ShufeldtWashington Supreme Court · 1924
- In re Judicial Settlement of the Accounts of EmbreeAppellate Division of the Supreme Court of the State of New York · 1896
- In Re the Judicial Settlement of the Accounts of YoungNew York Court of Appeals · 1895
59 more not listed; retrieve them via the Exa API.