Spencer v. See
New York Surrogate's Court
Johh Mildeberger died in the year 1871, leaving a will. His only descendants were three grandsons, Seymour H. Spencer, Selden M. Spencer and William B. Kenyon. He died seized and possessed of both real and personal estate. After bequeathing certain legacies, the will proceeded as follows : “ Sixth.
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Johh Mildeberger died in the year 1871, leaving a will. His only descendants were three grandsons, Seymour H. Spencer, Selden M. Spencer and William B. Kenyon. He died seized and possessed of both real and personal estate. After bequeathing certain legacies, the will proceeded as follows : “ Sixth. After my death, I hereby order and direct my executors hereinafter named to invest all the rest, residue and remainder of my real and personal property in bonds and mortgages in the county of Westchester, on property worth double the amount, with interest at seven per cent., payable half yearly,…
1Opinion of the Court
The Surrogate.
The first question to be considered is whether the funds of the estate are to be treated as real or personal property. Counsel for one party bases his argument partially upon the idea that they are to be regarded as land, while the other counsel proceeds upon the theory that they are wholly personal, the fact being that they consist partly of personal property belonging to the testator at the time of his death, and partly of the proceeds of real estate sold by his executors under the authority contained in the will. What portion was purely personal, and what proceeds of sales of…
2Cases cited6 opinions
- Phelps' v. . PondNew York Court of Appeals · 1861
- Loder v. . HatfieldNew York Court of Appeals · 1877
- Miller v. . EmansNew York Court of Appeals · 1859
- Marsh v. WheelerNew York Court of Chancery · 1834
- Jackson ex dem. Eden v. VarickNew York Supreme Court · 1827
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Paulson v. PaulsonWisconsin Supreme Court · 1906