Mc'Cartee v. Orphan Asylum Society
Court for the Trial of Impeachments and Correction of Errors
On appeal from the court of chancery. On the 2Qth of March, 1825, the respondents filed their bill in the court below, against the executors of Philip Jacobs, deceased, to recover a devise and legacy made by his last will and testament to the respondents.
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On appeal from the court of chancery. On the 2Qth of March, 1825, the respondents filed their bill in the court below, against the executors of Philip Jacobs, deceased, to recover a devise and legacy made by his last will and testament to the respondents. The testator being seised of a large real estate, made his will, dated September 7th, 1818, by which, after directing his debts and funeral expenses to be paid, and after a number of bequests and directions, and among others, the bequest of a pecuniary legacy to the respondents, he declared that if, at the time of his decease, there should…
1Opinion of the CourtWoodworth, J.
The will of the testator declares, that if he left any child alive at the time of his death, the executors should receive the rents and profits for the benefit of süch child, until it should attain the age of 21 years or marry.
The next clause devises the rest and residue of the real and personal estate to the respondents, to take effect immediately after debts and legacies are paid, if the testator should leave ño child; and if he should leave a child, then upon the death, marriage, or attaining of 21 years of age of such child.
From this statement, it is evident that had there been no child,…
2Cited by48 opinions
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