Adams v. Winne
New York Court of Chancery
The bill in this cause was filed by the two daughters of Moses Winne deceased, together with their husbands, claiming the whole beneficial interest in a bond and mortgage given to the decedent in his lifetime, and asking for an injunction to restrain the collection thereof for the benefit of his residuary legatees, under the following circumstances: In October 1834, the testator made his will in due form, and thereby devised to his two sons certain portions of his real…
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The bill in this cause was filed by the two daughters of Moses Winne deceased, together with their husbands, claiming the whole beneficial interest in a bond and mortgage given to the decedent in his lifetime, and asking for an injunction to restrain the collection thereof for the benefit of his residuary legatees, under the following circumstances: In October 1834, the testator made his will in due form, and thereby devised to his two sons certain portions of his real estate, and charged them with the payment of his debts; and certain other portions of his real estate he devised to his two…
1Opinion of the Court
The Chancellor.
In the decision of this case I lay entirely out of question what is stated in the answers of the two sons of the testator, as to the distribution of the money received upon the sale of this lot equally by the testator between the sons and daughters ; also what is therein stated as to the donation to the daughters, before the sale of this lot, of the personal property bequeathed as a specific legacy to their mother. As to the debt due to C. Vanderheyden, and the testator’s supposed intention to have that debt paid out of the money secured by this bond and mortgage, that two sons…
2Cited by33 opinions
- Ametrano v. . DownsNew York Court of Appeals · 1902
- Beck v. McGillisNew York Supreme Court · 1850
- McNaughton v. . McNaughtonNew York Court of Appeals · 1866
- In re the Will of MillerSupreme Court of Iowa · 1905
- Wolcott v. ShawCourt of Chancery of Delaware · 1930
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