Executors of Livingston v. Tremper
New York Supreme Court
THIS was an action of debt on a bond for 200 pounds, (500 dollars,) dated 14th July, 1794, executed by J. W. Tremper, deceased, in his lifetime, to Margaret Livingston, the testatrix, in her lifetime. The declaration contained but one count, eharging the defendants as heirs and devisees generally, without showing how they were heirs and devisees. The defendants pleaded riens per descent, 8?e, on which the plaintiffs joined issue.
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THIS was an action of debt on a bond for 200 pounds, (500 dollars,) dated 14th July, 1794, executed by J. W. Tremper, deceased, in his lifetime, to Margaret Livingston, the testatrix, in her lifetime. The declaration contained but one count, eharging the defendants as heirs and devisees generally, without showing how they were heirs and devisees. The defendants pleaded riens per descent, 8?e, on which the plaintiffs joined issue. The cause was tried at the Ulster circuit, m September, 1813, when a verdict was taken for the plaintiffs, by consent, subject to the opinion of the court on the…
1Per curiam
The declaration is against the defendants as heirs and devisees of Tremper generally, and the defendants have pleaded riens per descent. With respect to all the defendants, except John Story, it was proved that they were heirs or devisees ; but he neither inherited, nor took any thing by devise, from Tremper. His wife was a daughter of Tremper, but had, together with her husband, conveyed her proportion of his real estate to a third person, who afterwards conveyed it back to Story. It cannot be pretended that Story is either an heir or devisee of Tremper, and he cannot be charged as such. (2…
2Cited by6 opinions
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