United States Supreme Court Cases & Opinions

U.S. Supreme Court

Potter v. Gardner, 25 U.S. 498 (1827)

Potter v. Gardner

25 U.S. 498

Syllabus

A devise

"I give and devise to my beloved son, E.W.G., two-third parts of that my ferry farm, so called . . . to him, the said E.W.G. and to his heirs and assigns forever, he, my said son E.W.G. paying all my just debts out of said estate. And I do hereby order and it is my will that my son E.W.G. shall pay all my just debts out of the estate herein given to him as aforesaid"

creates a charge upon the estate in the hands of the devisee.

A bona fide purchaser who pays the purchase money to a person authorized to sell is not bound to look to its application, whether in the case of funds charged in the hands of an heir or devisee with the payment of debts or lands devised to a trustee for the payment of debts.

But if the money be misapplied by the devisee or trustee with the cooperation of the purchaser, he remains liable to the creditors for the sum so misapplied.

On a bill filed by an executor against a devisee of lands charged with the payment of debts for an account of the trust fund &c., the creditors are not indispensable parties to the suit. The fund may be brought into court and distributed under its direction according to the rights of those who may apply for it.

Page 25 U. S. 499