Rice v. . Harbeson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, reversing or modifying a decree of the surrogate of the county of New York, made upon settlement of the accounts of plaintiff as sole acting executor of the will of James Murdock, deceased.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, reversing or modifying a decree of the surrogate of the county of New York, made upon settlement of the accounts of plaintiff as sole acting executor of the will of James Murdock, deceased. The said James Murdock, who was a citizen and domiciled in the city of New York, died in that city June 10, 1869, seized of personal property in that city and certain real estate in Charleston, S. C., and irul-reland, and leaving a last will and testament executed in Ireland July 7,1868, of which the material…
1Opinion of the CourtMiller, J.
The right to enforce the payment of the mortgage upon the real estate of the deceased in the State of South Carolina, out of the personal estate in the hands of his executor, depends upon a rule of the common law to the effect that land, descended or devised, is not liable to simple contract debts of the ancestor, or of the testator. This rule, however, is not without exceptions, and in Tippmg v. Tipping (1 P. Wms., 729), where a bill was filed by a widow who was administratrix against the heir to compel him to make good her jointure, etc., the Lord Chancellor denied it to be a rule that, in…
2Cases cited2 opinions
- Taylor v. . DoddNew York Court of Appeals · 1874
- Smith, Administrator v. the Union Bank of GeorgetownSupreme Court of the United States · 1831
3Cited by21 opinions
- Fargo v. . SquiersNew York Court of Appeals · 1897
- In Re the Accounting of NicholsNew York Court of Appeals · 1940
- Brick v. . CampbellNew York Court of Appeals · 1890
- Seamen's Bank for Savings v. SmadbeckNew York Court of Appeals · 1944
- In re the Estate of DellNew York Surrogate's Court · 1935
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