Dewitt v. Schoonmaker
New York Supreme Court
This was an action of. debt,, brought to recover a legacy of seven hundred and-fifty dollars, bequeathed by the testator to his daughter Greetje, one of the plaintiffs. The declaration stated, that the widow of the testator died in February, 1804, and that there was' personal estate sufficient to discharge the legacy. The defendants pleaded nil debet.
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This was an action of. debt,, brought to recover a legacy of seven hundred and-fifty dollars, bequeathed by the testator to his daughter Greetje, one of the plaintiffs. The declaration stated, that the widow of the testator died in February, 1804, and that there was' personal estate sufficient to discharge the legacy. The defendants pleaded nil debet. In that part of the will on which the present suit was brought, is as follows “ I give and bequeath unto my dear .beloved wife Jannetie, the sole use of my whole estate, real and personal, whatsoever and 1 1 • , „ wheresoever, during the. term…
1Opinion of the CourtTompkins, J.
In England, tjje cognizance of legacies is confined to the ecclesiastical and equity courts; and in no instance have the commpn law courts assumed a jurisdiction in suits for legacies, except upon an express promise by the executor, in' consideration of forbearance. (5 Term Rep. 690. 1 Ventris, 120.) But our statute authorizes legatees, ’ their 1 executors and administrators, to commence fictions in any court of record in the state for the recovery of the sum bequeathed ; and provides, that if the legacy be due, and there be sufficient assets in the hands of the executors, to discharge the…
2Cited by6 opinions
- Rundle v. . AllisonNew York Court of Appeals · 1866
- Heywood v. HeywoodSupreme Judicial Court of Maine · 1856
- Calkins v. CalkinsNew York Surrogate's Court · 1860
- Healey v. ToppanSupreme Court of New Hampshire · 1864
- Ducasse v. CazeNew York Supreme Court · 1813
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