Legal Opinion

Munro v. Allaire

Court for the Trial of Impeachments and Correction of Errors

Decided February 15, 1805PublishedCited by 4 opinions

PETER ALLAIRE, of Marmaronecic, in the county of Westchester, the respondent in this cause, filed his bill of complaint, some time in the year one thousand seven hundred and ninety-five, against the above named appellants, and therein stated, that Benjamin Palmer, late of Marmaroneck aforesaid, being seised and possessed of certain real and personal estate in the said bill mentioned, executed his last will and testament, in due form of law, and thereby directed his executors…

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PETER ALLAIRE, of Marmaronecic, in the county of Westchester, the respondent in this cause, filed his bill of complaint, some time in the year one thousand seven hundred and ninety-five, against the above named appellants, and therein stated, that Benjamin Palmer, late of Marmaroneck aforesaid, being seised and possessed of certain real and personal estate in the said bill mentioned, executed his last will and testament, in due form of law, and thereby directed his executors to sell and dispose . of his estate, real and personal, within one year after his decease, to pay all his just debts…

1Opinion of the CourtBensou, J.

This is an appeal from the orders of the court of chancery, overruling the several demurrers of the appellants’ to the respondent’s bill.

The intent of the respondent’s bill in the court of chancery is, that he may have a specific performance of *192his agreementwiththe appellant Mary Palmer, whereby she bound herself to convey to him, by good, and sufficient conveyances in the law, all her estate, right, title and interest whatever, to the estate of her late husband, and that he may receive a more perfect assurance and conveyance of the said estate.

To that end, the other appellants are also…

2Cited by4 opinions

  1. Pearson v. Concord RailroadSupreme Court of New Hampshire · 1883
  2. Colburn v. MortonNew York Court of Appeals · 1867
  3. In re Bach's EstateNew York Surrogate's Court · 1890
  4. Kinney v. EmeryNew Jersey Court of Chancery · 1883

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