Barker v. Woods
New York Court of Chancery
The bill in this cause was filed by the surviving executor of Henry Morgan, asking the direction of the court as to the payment of certain proceeds of the estate, upon which there were conflicting claims. The testator died in December, 1813, leaving a widow, and two infant children, Henry P. and Ann Maria Morgan. By his will he directed his estate to be converted into money by his executors, and invested on good real security.
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The bill in this cause was filed by the surviving executor of Henry Morgan, asking the direction of the court as to the payment of certain proceeds of the estate, upon which there were conflicting claims. The testator died in December, 1813, leaving a widow, and two infant children, Henry P. and Ann Maria Morgan. By his will he directed his estate to be converted into money by his executors, and invested on good real security. He then gave one third of the interest thereof to his wife for life, and after her death, he disposed of the principal in these words: “ After the decease of my said…
1Opinion of the Court
The Assistant Vice-Chancellor.
First. As the will contained a positive direction to convert the property bequeathed by Henry Morgan into money and invest it, it is all to be regarded as personalty in equity.
There is no doubt but that the bequest in question to Ann Maria Morgan, regarding it as personal estate, vested in her upon the death of her father.
In 2 Will, on Executors, 776, the rule is thus expressed—• “ Where a person bequeaths a sum of money, or other personal “ estate, to one for life and after his decease to another, the in- “ terest of the second legatee is vested, and his…
2Cited by3 opinions
- Atchison v. FrancisSupreme Court of Iowa · 1917
- Jones v. KnappenSupreme Court of Vermont · 1891
- Porter v. MullerCalifornia Supreme Court · 1896