Conkling v. . Weatherwax
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered Hovember 19, 1901, affirming a judgment in favor of defendant Hannah M. Hidley, entered upon a decision of the court at a Trial Term without a jury.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered Hovember 19, 1901, affirming a judgment in favor of defendant Hannah M. Hidley, entered upon a decision of the court at a Trial Term without a jury. On May 8, 1868, Henry Weatherwax died leaving a last will and testament wherein, amongst other things, he provided for certain care and income and privileges to be furnished to his widow by his son, Charles Weatherwax, or the occupant of his farm after his decease, out of the profits of said farm, and also setting apart to his widow a…
1Opinion of the Court
Parker, Ch. J.
This controversy is over the priority of liens on certain real estate and is waged between the legatees of a testator on the one side and the mortgagee of his residuary devisee on the other. The courts below have held that the legacies are still liens and must be paid out of the proceeds of the sale of the real estate upon which they were charged by the testator, but not until after the payment of the amount secured by a mortgage given thereon by testator’s devisee, his son, to whom the testator gave an interest in the farm after giving the legacies to 1ns two daughters,…
2Cases cited2 opinions
- Sherman v. . FosterNew York Court of Appeals · 1899
- Howard Insurance Co. v. . HalseyNew York Court of Appeals · 1853
3Cited by4 opinions
- Conkling v. WeatherwaxAppellate Division of the Supreme Court of the State of New York · 1904
- Gately v. GatelyNew York Supreme Court · 1918
- In re the Construction of the Will of AmbrosioNew York Surrogate's Court · 1958
- Reed v. WilsonNew York Supreme Court · 1923