Turner v. Laird

Decision Date25 June 1896
Citation35 A. 1124,68 Conn. 198
CourtConnecticut Supreme Court
PartiesTURNER v. LAIRD et al.

Case reserved from superior court, New London county; Thayer, Judge.

Action by Edward L. Turner, administrator, against Jessie Laird and others, to construe the will of Robert Balfour, deceased. Reserved, on the facts stated in the pleadings, for the consideration of the supreme court.

By the ninth article of his will testator devised "the Geer House" to his grandson in fee, subject to a life estate in the widow. In the tenth article he devised half of his residuary estate to a son for life, remainder to the same grandson, and the other half to another son in fee. The eleventh article provided that, should the grandson die leaving no Issue, his share should go to testator's six children, share and share alike. After the execution of the will, testator mortgaged the Geer House and a store forming part of the residuary estate, to secure a note. No claim on such note was ever presented, and the term limited therefor had expired; but one payment of interest on the Geer House mortgage was made by the administrator before the time limited for presentation of claims had expired. The personal estate was wholly consumed in paying debts, legacies, and administration expenses, and the grandson died without issue during the life of the widow. The questions for the determination of the court were, whether the mortgages, or either of them, should be paid by the administrator, and, if so, out of what funds.

Gardiner Greene, Jr., for Jessie Laird and others.

Solomon Lucas, for Rosetta Balfour and others.

BALDWIN, J. A specific devise of land, mortgaged by the testator to secure his own debt, prima facie imports an intention that such debt shall be satisfied out of the general personal assets. Hewes v. Dehon, 3 Gray, 205.' In the case at bar, this presumed intention, with respect to the Geer House, finds additional support in the provision, made by the testator in the first article of his will, directing his executor to pay all his just debts and funeral expenses and the legacies subsequently given out of his estate. The word "debts," in such a connection, includes mortgage debts. Bishop v. Howarth, 59 Conn. 455, 465, 22 Atl. 432.

That the holders of the mortgages in question did not present their claims against the estate, did not, as between the executor and the devisees of the mortgaged property, discharge his obligation to pay them off. The extent of the...

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17 cases
  • Hannibal Trust Company v. Elzea
    • United States
    • Missouri Supreme Court
    • July 30, 1926
    ...provision in a will directing the executor to pay all testator's just debts, includes debts secured by mortgage on land devised. Turner v. Laird, 68 Conn. 198. An encumbrance on specifically devised realty made subsequent to the will does not revoke the will nor the specific devise, but whe......
  • Higinbotham v. Manchester
    • United States
    • Connecticut Supreme Court
    • April 6, 1931
    ... ... pay a debt secured by a mortgage given by the testator upon ... the real estate. Bishop v. Howarth, 59 Conn. 455, ... 465, 22 A. 432: Turner v. Laird, 68 Conn. 198, 200, ... 35 A. 1124; Jackson v. Bevins, 74 Conn. 96, 100, 49 ... A. 899; Bulkley v. Seymour, 74 Conn. 459, 461, 51 A ... ...
  • Hannibal Trust Co. v. Elzea
    • United States
    • Missouri Supreme Court
    • July 30, 1926
    ...act of the testator during his life, being regarded as a debt within the meaning and purport of such direction of the will. Turner v. Laird, 68 Conn. 198, 35 A. 1124; Bulkley v. Seymour, 74 Conn. 459, 51 A. 125, 92 Am. St. Rep. 220; Jackson v. Bevins, 74 Conn. 96, 49 A. 899; Jacobs v. Butto......
  • Equitable Trust Co. v. Delaware Trust Co.
    • United States
    • Court of Chancery of Delaware
    • October 1, 1948
    ...have them paid by the decedent's executor in order that title may pass clear of liens. 4 Page on Wills, (L.T.Ed.) § 1486; Turner v. Laird, 68 Conn. 198, 35 A. 1124. No of the $ 760 mortgage on the Old Ferry Road tract, held by Marion duPont Scott, has merged in any greater interest now held......
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