Traver v. . Schell
New York Court of Appeals
Appeal from the Supreme Court. Action commenced in the late Court of Chancery by the plaintiffs, the children of Sally Traver, a daughter and legatee of Hendrick Pells deceased, to recover the legacy to- their mother. The testator made his will October 7th, 1820, by which, after providing" for his widow he devised and bequeathed all the residue of his real estate to his two sons Jacob and Simon, subject to the payment of all his debts, and the legacies mentioned in the will.
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Appeal from the Supreme Court. Action commenced in the late Court of Chancery by the plaintiffs, the children of Sally Traver, a daughter and legatee of Hendrick Pells deceased, to recover the legacy to- their mother. The testator made his will October 7th, 1820, by which, after providing" for his widow he devised and bequeathed all the residue of his real estate to his two sons Jacob and Simon, subject to the payment of all his debts, and the legacies mentioned in the will. The defendants were persons who took the devised property with notice of the charge upon it, and had received rents and…
1Opinion of the Court
Johnson, Ch. J.
The bill in this cause was dismissed by the Supreme Court at general term, upon the ground that the plaintiffs had no title to the legacy which they claimed under the will of Hendrick Pells. He died in November, 1820, and his will bears date in October of that year. The fourth clause of the will, under which the plaintiffs claim, is as follows: “To each of my four daughters, to wit: Francisca, the wife of Jacob Lewis; Silah, the widow of Levi Van Auken, deceased: Sally, the wife of Samuel Traver; and Hannah, the wife of Lewis Pultz, I give and bequeath the sum of $500, to be…
2Cases cited1 opinion
- Harris v. FlyNew York Court of Chancery · 1839
3Cited by5 opinions
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- Rusch v. MeloshNew Jersey Court of Chancery · 1943