| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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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