Nichols v. Postlethwaite

Supreme Court

Nichols v. Postlethwaite

2 U.S. 131, 1 L. Ed. 319, 2 Dall. 131, 1791 U.S. LEXIS 183

CourtSupreme Court of the United States

DecidedSeptember 1, 1791

StatusPublished

Cited by25 cases

This text of 2 U.S. 131 (Nichols v. Postlethwaite) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Nichols v. Postlethwaite, 2 U.S. 131, 1 L. Ed. 319, 2 Dall. 131, 1791 U.S. LEXIS 183 (1791).

Pincite

Opinion

By the Court.

—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.

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By the Court.

—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.

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Bluebook (online)

2 U.S. 131, 1 L. Ed. 319, 2 Dall. 131, 1791 U.S. LEXIS 183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nichols-v-postlethwaite-scotus-1791.

Opinion

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