New York Supreme Court, 1812

Jackson ex dem. Hall v. Burr

New York Supreme Court · Decided May 15, 1812

9 Johns. 104

Counsel

Van Buren, for the plaintiff, contended, that the real estate was not devised by the will, either in express terms, or by implication.* That if the executors had a power to sell, it had never been executed, and the estate descended and remained in the heirs at law., E. Williams, contra, insisted that the executors took both the real and personal estate by the will, as a. devise in fee, charged with the payment of the legacies.* And that, at any rate, the executors were entitled to the possession of the land, under the will.

Opinion of the Court

Per Curiam.

There is no devise of the real estate to the defendant. There is nothing which denotes such an intent. The defendant had his specific legacy in money, with the rest of the children. He. is not distinguished from the other heirs, in any other respect than that he is made executor. The most that could be deduced from the will is, that the executors had power to sell the land, and if that were so, the land in the mean time, and until the sale, would descend to the heirs at law. There must be judgment for the plaintiff.

Judgment for the plaintiff.

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