Reynolds v. . Reynolds' Executors
New York Court of Appeals
Appeal from the Supreme Court. The plaintiff brought the action against the executors of his father’s will, to recover a legacy of $1200. The complaint set out the will, and averred that the defendants possessed themselves of the testator’s real and personal estate, to the amount of about $15,000, which was more than sufficient to pay and satisfy all the testator’s debts, legacies and funeral expenses, without making any allegation that the personal estate was sufficient to…
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Appeal from the Supreme Court. The plaintiff brought the action against the executors of his father’s will, to recover a legacy of $1200. The complaint set out the will, and averred that the defendants possessed themselves of the testator’s real and personal estate, to the amount of about $15,000, which was more than sufficient to pay and satisfy all the testator’s debts, legacies and funeral expenses, without making any allegation that the personal estate was sufficient to pay the legacies. The answer admitted the will, and also that the real and personal estate was more than sufficient to…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] When a person dies leaving a will and personal and real property, his debts and pecuniary legacies bequeathed by the will are to be paid from his personal property, and, in case of a deficiency of personal property, the legacies must abate unless he charges his real estate with the payment. The charge upon the real estate may be made, by the testator, either by express directions to that effect contained in the will, or the intention thus to charge it may be…
2Cases cited1 opinion
- Harris v. FlyNew York Court of Chancery · 1839
3Cited by33 opinions
- Matter of City of RochesterNew York Court of Appeals · 1888
- Heslop v. GattonIllinois Supreme Court · 1874
- In re the Estate of LilienthalNew York Surrogate's Court · 1930
- Lee v. LeeSupreme Court of Virginia · 1892
- Additon v. SmithSupreme Judicial Court of Maine · 1891
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