New York Court of Appeals

In the Matter of the Claim of Betsey B. Wilbur, Respondent v. the Estate of Enos Warren, Deceased

January 18, 1887104 N.Y. 192

Summary

The New York Court of Appeals reversed the lower courts, holding that a covenant supported only by love and affection is unenforceable and that the father’s estate is not liable for the mortgage debt because the land remains the primary fund for payment.