Dunscomb v. Dunscomb
New York Court of Chancery
THE hill stated, that the plaintiffs are the only surviving children and heirs of Andrew Dunscomb, son of Daniel 'Dunscomb, deceased. That Daniel Dunscomb, on the 7th of January, 1795, made his will, and devised the one fourth of all his estate, real and personal, to his son Andrew ; and if he died before the testator, then his share to go to his children, in. equal proportions.
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THE hill stated, that the plaintiffs are the only surviving children and heirs of Andrew Dunscomb, son of Daniel 'Dunscomb, deceased. That Daniel Dunscomb, on the 7th of January, 1795, made his will, and devised the one fourth of all his estate, real and personal, to his son Andrew ; and if he died before the testator, then his share to go to his children, in. equal proportions. The testator gave to his executors power and direction to sell his estate, and divide the proceeds according to his will. The executors, on the death of the testator, took possession of the estate, real and personal,…
1Opinion of the Court
The Chancellor.
1. The plaintiffs are 1 entitled, of course, to the sum of 685 dollars and 47 cents, and the only point, on this part of the case, is, whether they are entitled to interest upon that sum, which has lain unproductive for many years in the hands of the defendants. Why it was not paid to the guardian of the plaintiffs, (who was also guardian of Andrew B. Dunscomb, in his lifetime,) and to whom the other portion of the moneys belonging to them was paid, does not appear. The executors say it has always been kept in readiness to pay to the persons entitled, when demanded. But this is…
2Cited by29 opinions
- King v. . TalbotNew York Court of Appeals · 1869
- Lent v. . HowardNew York Court of Appeals · 1882
- In re the Accounting of HubbellNew York Court of Appeals · 1951
- Matter of Petition of CampNew York Court of Appeals · 1891
- Villard v. . VillardNew York Court of Appeals · 1916
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