Davoue v. Fanning
New York Court of Chancery
THE bill, filed July 27th, 1819, stated, that Frederick JDavoue, the father of the plaintiff, being seized of real and personal estate, on the 7th of February, 1809, made his will, by which, among other bequests, he bequeathed to the plaintiff a legacy of 5,500 dollars, payable to him, when he came of full age.
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THE bill, filed July 27th, 1819, stated, that Frederick JDavoue, the father of the plaintiff, being seized of real and personal estate, on the 7th of February, 1809, made his will, by which, among other bequests, he bequeathed to the plaintiff a legacy of 5,500 dollars, payable to him, when he came of full age. The testator, also, bequeated to the plaintifi' an equal portion with his other children, of the residue of ' his estate, after the payment of debts and specific legacies; and made the defendant, and two other persons, his executors. The testator died, June 4,1809, leaving six…
1Opinion of the Court
The Chancellor.
The defendant has demurred specially to the bill, and assigned in the demurrer several reasons in support of it. The objections all appear upon the face of the bill, and are, therefore, proper subjects for a demurrer.
1. The first objection is to a want of parties. The plaintiff claims from the defendant, as executor to the will of Frederick Davoue, deceased, a specific legacy, and he claims as a residuary legatee, and names several persons as being residuary legatees with him. It is a clear point, that they ought to have been made parties to the suit. It was considered in the…
2Cases cited2 opinions
- Brown v. RickettsNew York Court of Chancery · 1818
- Gelston v. CodwiseNew York Court of Chancery · 1814
3Cited by8 opinions
- McArthur v. ScottSupreme Court of the United States · 1885
- Rosenbaum v. GarrettNew Jersey Court of Chancery · 1898
- Wilson v. WilsonCourt of Appeals of Maryland · 1865
- Gregory v. ReeveNew York Court of Chancery · 1821
- Dyer v. ErvingNew York Surrogate's Court · 1882
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