New York Court of Chancery, 1821

Thompson v. Tappen

Thompson v. Tappen
New York Court of Chancery · Decided August 31, 1821 · Denied, Motion
5 Johns. Ch. 518

Counsel

Bogardus, for the plaintiff, now moved for the injunction., P. W. Radclijf., contra.

Thompson v. Tappen

Opinion of the Court

The Chancellor denied the motion,

on the ground, that the established course of descent of the real estate, and the established order of distribution of the personal estate of Alexander Thompson, deceased, was not a sufficient reason for shifting the burden of paying his debts from the personal to the real estate. This Court cannot, he said, undertake to interfere with the law of descent, or to endeavour to correct what may be deemed its hardship or inequalities. The cases do not afford any such principle or precedent.

Motion denied.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.