In the Matter of the Application of the City of Rochester to Acquire Certain Water Rights; William Hamilton…

Summary

The Court held that the testator's will did not charge the real estate with payment of his debts, that the creditor's statutory remedy was barred by the three‑year limitation, that the water‑rights award belonged to the heir free of creditor claims, and that the assignee Hamilton was entitled to the entire award fund under the assignments. Accordingly the Court reversed the General Term and modified the Special Term's order.