Rickets v. Livingston
New York Supreme Court
This was an action of debt, upon the statute, ([24 sess. e« 174, s. 7,) for a legacy, due to the wife of the plaintiff as residuary legatee, under the will of P. V. B. Livingston, deceased. Plea nil debet. The cause was tried, at the March circuit, before Mr. Justice Kent. The demand of the legacy was proved.
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This was an action of debt, upon the statute, ([24 sess. e« 174, s. 7,) for a legacy, due to the wife of the plaintiff as residuary legatee, under the will of P. V. B. Livingston, deceased. Plea nil debet. The cause was tried, at the March circuit, before Mr. Justice Kent. The demand of the legacy was proved. The defendant, in-support of his right to'retain, offered to prove, that the testator married the mother of the plaintiff, who was the widow of William Rickets, deceased, and that a large account was entered in the testator’s books against John Rickets, the plaintiff’s brother,…
1Opinion of the CourtRadcliff, J.
This is an action of debt for a legacy, bequeathed by the defendant’s testator to Sarah Rickets, one of the plaintiffs. The plea is nil debet, and the defendant insists on the right to retain the legacy, or a part of if, in satisfaction of the debt claimed to be due from the plaintiff, James Rickets, lo the testator.
Two questions arise 1
1. If such debt did exist, was it not released or extinguished by the subsequent will of the testator ?
2. If not, whether there is sufficient proof of the debt ?
1. If the debt did exist against the present plaintiff, James Rickets, the subsequent legacy to…
2Cases cited5 opinions
- Williams v. CraryNew York Supreme Court · 1830
- Clarke v. BogardusNew York Supreme Court · 1834
- Mulheran's Executors v. GillespieNew York Supreme Court · 1834
- Kelly v. Kelly's ExecutorsSupreme Court of Virginia · 1828
- Byrne v. ByrneSupreme Court of Pennsylvania · 1817
3Cited by9 opinions
- Brunn v. SohuettWisconsin Supreme Court · 1884
- In re the Judicial Settlement of the Estate of FosterNew York Surrogate's Court · 1895
- In re the Estate of KelloggNew York Surrogate's Court · 1935
- Charlick's EstateNew York Surrogate's Court · 1882
- Irwin v. JohnsonSupreme Court of New Jersey · 1882
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