Bradner v. . Faulkner
New York Court of Appeals
On the 19th of June, 1848, Amariah Hammond made his will, by which he gave and devised a farm of land to his daughter, the plaintiff, and appointed defendant one of his executors. Testator died on the 5th of Hovember, 1850, seized of that farm, and on the Slst of December, 1850, letters testamentary were issued to his executor.
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On the 19th of June, 1848, Amariah Hammond made his will, by which he gave and devised a farm of land to his daughter, the plaintiff, and appointed defendant one of his executors. Testator died on the 5th of Hovember, 1850, seized of that farm, and on the Slst of December, 1850, letters testamentary were issued to his executor. When testator died, there was growing upon said farm a crop of wheat, and in July, 1851, defendant, as executor, took a portion of that wheat, of the value of $175.25, and converted the same to his own use. It would seem, from the assumption of counsel, that the…
1Opinion of the CourtPeckham, J.
The question presented here is, who ultimately owned this crop of wheat? As I understand the opinion of the learned justice who tried this cause (none was given at the General Term), he held that this wheat did not pass to the plaintiff by the devise to her of the farm; that, since the Revised Statutes, it would go to the executor, to be applied and distributed under other provisions of "the will.
The Revised Statutes declare that “crops growing on the land of the deceased, at the time of his death, shall be assets, and shall go to the executors or administrators, to be applied and distributed…
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