Fish v. Howland
New York Court of Chancery
On the 10th day of February, 1813, Samuel Howland, then about 86 years of age, conveyed his farm to the defendant, Daniel Howland, his grandson, with whom he expected to reside the remainder of his life; and took back a life lease, at a nominal rent.
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On the 10th day of February, 1813, Samuel Howland, then about 86 years of age, conveyed his farm to the defendant, Daniel Howland, his grandson, with whom he expected to reside the remainder of his life; and took back a life lease, at a nominal rent. He also took from Daniel a bond of the *same date, which, after reciting that the farm was leased to Samuel Howland, during his natural life, with the intent, however, that Daniel should occupy it so long as he should maintain, sustain and decently support his grandfather, during his natural life, was conditioned to pay to Jonathan Howland $340,…
1Opinion of the Court
The Chancellor :—So far as the bill seeks to charge the lands conveyed to Daniel Howland, or any of the defendants personally, with the legacy of $340 to Jonathan Howland, and charged by the testator on his real estate, it would seem that the legatee was a necessary party. In Morse v. Sadler, (1 Cox’s Cases, 352,) the Master of the Rolls decided, that every legatee, whose legacy was charged upon the real estate, must be a party to the bill. It is true, that case was overruled by Chancellor Kent, in Brown v. Rickets, (3 Johns. Ch. Rep. 553,) where it was held, that one legatee might file a…
2Cases cited8 opinions
- Bayley v. GreenleafSupreme Court of the United States · 1822
- Bradley v. BosleyNew York Court of Chancery · 1845
- Brown v. RickettsNew York Court of Chancery · 1818
- Twelves v. WilliamsSupreme Court of Pennsylvania · 1838
- Watson v. WellsSupreme Court of Connecticut · 1825
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3Cited by90 opinions
- Payne v. . WilsonNew York Court of Appeals · 1878
- Loder v. . HatfieldNew York Court of Appeals · 1877
- Thurber v. . ChambersNew York Court of Appeals · 1876
- Foster v. Trustees of the AthenæumSupreme Court of Alabama · 1842
- Chew v. . SheldonNew York Court of Appeals · 1915
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