Reynolds v. Collin

New York Supreme Court

Reynolds v. Collin

3 Hill & Den. 441

DecidedJuly 15, 1842

StatusPublished

This text of 3 Hill & Den. 441 (Reynolds v. Collin) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Reynolds v. Collin, 3 Hill & Den. 441 (N.Y. Super. Ct. 1842).

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Opinion

By the Court, Bronson, J.

On the death of the owner, an estate per craire me becomes a chattel real, and goes as assets to the executor or administrator to be applied and distributed as part of the personal estate of the testator or intestate. (1 R. S. 722, § 6 ; 2 id. 82, § 6.) The cause of action accrued after the death of the intestate, and the plaintiff did not necessarily sue in his representative character. In such cases it is well settled that an executor or administrator must pay costs if his suit fails.

Motion granted.

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By the Court, Bronson, J.

On the death of the owner, an estate per craire me becomes a chattel real, and goes as assets to the executor or administrator to be applied and distributed as part of the personal estate of the testator or intestate. (1 R. S. 722, § 6 ; 2 id. 82, § 6.) The cause of action accrued after the death of the intestate, and the plaintiff did not necessarily sue in his representative character. In such cases it is well settled that an executor or administrator must pay costs if his suit fails.

Motion granted.

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Bluebook (online)

3 Hill & Den. 441, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reynolds-v-collin-nysupct-1842.