Legal Opinion

Hallett & Davis v. Hallett

New York Court of Chancery

Decided December 1, 1829PublishedCited by 64 opinions

Naomi' Dunbar, by her will, devised her real and personal estate to her son Abraham S. Hallett, charged with the payment of the legacies given in the will; and she appointed him, together with her son Richard S. Hallett, her executors. Among other legacies, she gave to her grand children Thomas C. Hallett and Hannah Hallett $1300 each, with interest from the death of the testatrix; payable when they became of age.

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Naomi' Dunbar, by her will, devised her real and personal estate to her son Abraham S. Hallett, charged with the payment of the legacies given in the will; and she appointed him, together with her son Richard S. Hallett, her executors. Among other legacies, she gave to her grand children Thomas C. Hallett and Hannah Hallett $1300 each, with interest from the death of the testatrix; payable when they became of age. The complainant Thomas C. Hallett became of age in 1816, and his sister Hannah in 1818. Hannah Hallett died after she became of age, and the complainant Edna Davis was appointed her…

1Opinion of the Court

The Chancellor.

There can be no doubt as to the rights of the complainants in this cause ; and the only question is, whether the proper parties are before the court to enable me to make a decree which will secure those rights. The property having been devised by Mrs. Dunbar, specially charged with the payment of all the legacies, the legatees are entitled to have the proceeds of the real estate, and the *18rents and profits thereof since the death of Abraham S. Hal- . lett, applied for that parpóse, in preference to the, general debts arid the legacies which the executors of the latter aré by ys…

2Cases cited1 opinion

  1. Mallow v. HindeSupreme Court of the United States · 1827

3Cited by64 opinions

  1. Ortiz v. Fibreboard Corp.Supreme Court of the United States · 1999
  2. McArthur v. ScottSupreme Court of the United States · 1885
  3. Hirshfeld v. . FitzgeraldNew York Court of Appeals · 1898
  4. Riggs v. . CraggNew York Court of Appeals · 1882
  5. Schuehle v. . ReimanNew York Court of Appeals · 1881

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