Nichols v. Postlethwaite
Nichols v. Postlethwaite
2 U.S. 131; 2 Dall. 131; 1 L. Ed. 319; 1791 U.S. LEXIS 183
(United States Reports)
Nichols v. Postlethwaite
Opinion
—It is clear that nothing is given to the residuary devisee, but what remains after, payment of the legacies. These are a charge upon the testator’s real estate.
The money in the Sheriff’s hands must be first applied to the payment of these legacies, and the remainder must go to the plaintiff.
Referrees accordingly were appointed to ascertain the balance due to the legatees.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.