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" Whenever any real estate, subject to a mortgage executed by any ancestor or testator, shall descend to an heir, or pass to a devisee, such heir or devisee shall satisfy and discharge such mortgage, out of his own property, without resorting to the executor... "
Reports of Cases Argued and Determined in the Superior Court of the City of ... - Side 517
av Anthony L. Robertson - 1867
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The Revised Statutes of the State of New-York: Passed During the ..., Volum 1

New York (State) - 1829 - 826 sider
...representative, or to the proper surrogate. S 4. Whenever any real estate, subject to a mortgage executed by any ancestor or testator, shall descend to an heir, or pass to a devisee, inherited or such heir or devisee shall satisfy and discharge such mortgage, out ofweh"mtUye his own...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volum 159

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1910 - 804 sider
...New York, on the other hand, provides that: "Whenever any real estate, subject to a mortgage executed by any ancestor or testator, shall descend to an heir...without resorting to the executor or administrator." N. Y. Kev. Stat. (1st Ed.) pt. 2, chap. 1, tit. 5, § 4. The cases cited from New York would indicate...
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Reports of Cases Argued and Determined in the Surrogate's Court of ..., Volum 4

Alexander Warfield Bradford, New York (State). Surrogate's Court (New York County) - 1857 - 570 sider
...subject to a mortgage executed by any testator, shall pass to a devisee, such devisee shall satisfy such mortgage out of his own property, without resorting to the executor, unless there be an express direction in the will that such mortgage be otherwise paid. (1 RS, 749,...
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A Selection of Leading Cases in Equity: With Notes, Volum 1

Frederick Thomas White, Owen Davies Tudor - 1859 - 924 sider
...Revised Statutes, which enact that " whenever any real estate, subject to a mortgage executed by an ancestor or testator, shall descend to an heir, or...without resorting to the executor or administrator of his ancestor, unless there be an express direction in the will of such testator, that such mortgage...
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A Treatise on the Law of Real Estate: And of the Mode of Alienation Thereof ...

John Willard - 1861 - 718 sider
...was changed by the revised statutes; and now, whenever real estate, subject to a mortgage executed by any ancestor or testator, shall descend to an heir, or pass to a devisee, such heir or devisee is required to satisfy and discharge the mortgage out of his own property, without resorting to the...
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Draft of a Civil Code for the State of New York

New York (State). Commissioners of the Code - 1862 - 550 sider
...subject to a mortgage, passes by succession or will, the successor or devisee must satisfy wChdm to Ire such mortgage out of his own property, without resorting to the executor or administrator of the mortgagor, unless there is an express direction in the will of the mortgagor, that the mortgage shall...
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Draft of a Civil Code for the State of New York

New York (State). Commissioners of the Code - 1862 - 538 sider
...the successor or devisee must satisfy devised, by , ni • • , , •whom to be such mortgage out or his own property, without resorting to the executor or administrator of the mortgagor, unless there is an express direction in the will of the mortgagor, that the mortgage shall...
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Statutes at Large of the State of New York: Comprising the Revised ..., Volum 1

New York (State) - 1863 - 1036 sider
...to an heir, or w'hVom<tobbe pass to a devisee, such heir or devisee shall satisfy and disp*'3 charge such mortgage, out of his own property, without resorting to the executor or administrator of his ancestor, unless there be an express direction in the will of such testa^ tor, that such mortgage...
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Practice Reports in the Supreme Court and Court of Appeals, Volum 30

Nathan Howard (Jr.) - 1866 - 618 sider
...requirements of the statute (Id). 10. " Whenever any real estate, subject to a mortgage executed by an ancestor or testator, shall descend to an heir, or pass to a devisce, such heir or devisce shall satisfy and discharge such mortgage out of his own property, witheut...
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Howard's Practice Reports in the Supreme Court and Court of ..., Volum 60

Nathan Howard (Jr.), Rowland M. Stover - 1881 - 694 sider
...its terms to the heir or devisee to whom the real estate descends or is devised, and directs that he shall satisfy and discharge such mortgage out of his...without resorting to the executor or administrator of his ancestor, unless there be an express direction in the will of such testator that such mortgage...
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