Wilson v. Wilson
New York Supreme Court
In Equity. This was an appeal by the plaintiffs from a judgment of nonsuit, entered upon the report of a referee. The action was brought by the plaintiffs, Andrew Wilson, Abraham Wilson and David Dunlap, as executors of Joseph Wilson, deceased, under the circumstances, and to obtain the relief hereinafter mentioned.
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In Equity. This was an appeal by the plaintiffs from a judgment of nonsuit, entered upon the report of a referee. The action was brought by the plaintiffs, Andrew Wilson, Abraham Wilson and David Dunlap, as executors of Joseph Wilson, deceased, under the circumstances, and to obtain the relief hereinafter mentioned. The complaint alledged that the plaintiffs, Abraham Wilson and Andrew Wilson, and the defendants, were the children and grand-children of Joseph Wilson, deceased, except the husbands of the daughters and of the grand-daughters of the said deceased. That Francis Wilson, was a son…
1Opinion of the Court
By the Court, Johnson, J.
The grounds upon which the plaintiffs rely to maintain this action are that Joseph Wilson, the testator, in the honest belief that he was the owner of the real estate as the heir at law of, his son Francis, paid off debts against the estate which were a lien and charge upon the land. And that the defendant Anna F. Wilson, the real heir at law of Francis, and the true owner of the inheritance, having taken the inheritance from the possession of the lessee, Joseph Wilson thus relieved and disencumbered of this charge, is liable in equity to account and pay to the…
2Cases cited3 opinions
- Bright v. BoydU.S. Circuit Court for the District of Maine · 1841
- Putnam v. RitchieNew York Court of Chancery · 1837
- Covell v. WestonNew York Supreme Court · 1823
3Cited by6 opinions
- Clift v. . MosesNew York Court of Appeals · 1889
- Rogers v. PattersonNew York Supreme Court · 1894
- In re Topping's EstateNew York Supreme Court · 1891
- Cunningham v. WhitfordNew York Supreme Court · 1893
- Fonda v. ChapmanNew York Supreme Court · 1880
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