Berg v. Radcliff
New York Court of Chancery
BILL, filed February 8, 1822, stated, that William Radcliff, deceased, in his lifetime, together with John Radcliff, executed a bond, dated May 1, 1805, jointly and severally, to pay to the plaintiffs’ testator 500 dollars, at a day long since past. That W. R., at the time of his death, was seised of lands in Dutchess county, and of a considerable personal estate.
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BILL, filed February 8, 1822, stated, that William Radcliff, deceased, in his lifetime, together with John Radcliff, executed a bond, dated May 1, 1805, jointly and severally, to pay to the plaintiffs’ testator 500 dollars, at a day long since past. That W. R., at the time of his death, was seised of lands in Dutchess county, and of a considerable personal estate. That by his will, dated October 13, 1806, which created various trusts, he directed his executors to sell his real and personal estate for the payment of his debts and the legacies. He devised to his executors 750 dollars, in trust…
1Opinion of the Court
The Chancellor.
The testator, William Radcliff, charged his real estate with the payment of his debts, and directed his executors to sell so much of it as should be requisite for that purpose. 3jhe bond in question was executed by the testator, W. R., as surety for iffs son. It was a joint and several bond, and was produced at the hearing. It appears very clearly, by the pleadings, and the admissions of the defendants therein, that the personal estate" has been sold and appropriated, and that the sale of the real estate becomes necessary to discharge that bond, if it is to be deemed a charge…
2Cited by8 opinions
- Swanson v. City of OttumwaSupreme Court of Iowa · 1902
- United States v. PriceSupreme Court of the United States · 1850
- In re BabcockU.S. Circuit Court for the District of Massachusetts · 1844
- State ex rel. Frank v. Administrator of FrankSupreme Court of Missouri · 1872
- United States v. CushmanU.S. Circuit Court for the District of New Hampshire · 1836
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