Rogers v. Law
66 U.S. 253

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U.S. Supreme Court

Rogers v. Law, 66 U.S. 1 Black 253 253 (1861)

Rogers v. Law

66 U.S. (1 Black) 253

Syllabus

1. A claim for money lent where no demand for payment was made of the borrower in his lifetime against his executors until thirty-three years after the date of the loan, is properly rejected by a court of equity on distribution of the borrower's estate.

2. L. and wife conveyed to trustees the interest of the wife in certain estates, to be converted into money and invested by the trustees for the use of the wife during life, after her death for the use of the husband, and after the death of both to their daughter, and L. covenants that whenever it shall be ascertained and known what sum will thus be secured to the daughter, he will immediately thereupon secure to her a like sum to be paid out of his own estate. Held that the value of the interest conveyed to the trustees for the ultimate use of the daughter must be ascertained by the conversion of the property into money or its equivalent, and such conversion is a condition precedent to the obligation of the father to secure a like sum to the daughter.

3. Testator gave certain legacies to his grandchildren, annexing to the legacies the condition that if either of the legatees shall claim, ask, or demand, sue for, recover, or receive any part or portion of his estate, rights, or credits, either in his lifetime or after his decease, under or by virtue of certain deeds, particularly describing them, then and in that case the bequest &c. should be void. One of the grandchildren died under age. Upon the distribution of the testator's estate, the two surviving grandchildren set up a claim under the interdicted deeds, and in the same proceeding they demanded the legacies. The claim under the deeds was finally disallowed on its own demerits. Held that by setting up that claim, the grandchildren forfeited their right to the legacies.

4. A condition annexed to a legacy that the legatee shall make no claim or demand upon the testator's estate for a debt which, if not relinquished, might be recoverable is lawful, and if the legatee accepts the testator's bounty, he must take it cum onere.

This was a proceeding for the distribution of the estate of Thomas law, deceased, among his creditors and legatees.

Page 66 U. S. 254

The same cause was here before, and is reported as Adams v. Law in 17 How. 417. It was then remanded, and was further proceeded in according to the opinion of this Court. The questions which arose afterwards were on the following claims:

1. Lloyd N. Rogers made a claim as creditor for money lent in 1822. It was not shown that this debt had ever been demanded of the decedent in his lifetime, nor or his executors before 1855.

2. Lloyd N. Rogers also claimed as creditor under the deed which will be found described in the opinion of MR. JUSTICE NELSON.

3. The two children of Lloyd N. Rogers and the administrator of a third one, deceased, grandchildren of the testator, claimed legacies of $8,000 each. These legacies were given upon the condition that the legatees should not claim or demand, sue for, or receive any portion of the testator's estate under certain deeds mentioned and described in the will.

Page 66 U. S. 256

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