Thompson v. Tappen

New York Court of Chancery

Thompson v. Tappen

5 Johns. Ch. 518

DecidedAugust 31, 1821

StatusPublished

This text of 5 Johns. Ch. 518 (Thompson v. Tappen) is published on Counsel Stack Legal Research, covering New York Court of Chancery primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Thompson v. Tappen, 5 Johns. Ch. 518 (N.Y. 1821).

Pincite

Opinion

The Chancellor denied the motion,

on the ground, that the established course of descent of the real estate, and the established order of distribution of the personal estate of Alexander Thompson, deceased, was not a sufficient reason for shifting the burden of paying his debts from the personal to the real estate. This Court cannot, he said, undertake to interfere with the law of descent, or to endeavour to correct what may be deemed its hardship or inequalities. The cases do not afford any such principle or precedent.

Motion denied.

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The Chancellor denied the motion,

on the ground, that the established course of descent of the real estate, and the established order of distribution of the personal estate of Alexander Thompson, deceased, was not a sufficient reason for shifting the burden of paying his debts from the personal to the real estate. This Court cannot, he said, undertake to interfere with the law of descent, or to endeavour to correct what may be deemed its hardship or inequalities. The cases do not afford any such principle or precedent.

Motion denied.

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Bluebook (online)

5 Johns. Ch. 518, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-tappen-nychanct-1821.