Thompson v. Tappen

Decided August 31, 1821

New York Court of Chancery · decided 1821-08-31

THE bill stated, that James Thompson, deceased, a brother of the plaintiff, came to the United Stales, an alien, in 1798, and wan naturalized in 1813. That Alexander Thompson, deceased, a brother of the plaintiff^ came to the United States, a?i alien, in 1803, and was naturalized in 1810. That the plaintiff coxae to the United Stales in 1804, an alien, and still remains an alien.

Decided 1821-08-31

The Chancellor denied the motion,

¶1on 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.

¶2Motion denied.