Robison v. Robison
New York Supreme Court
The testator, John Robison, died on the 24th day of December, 1855. His will was admitted to probate March 25, 1856. The appellant, his widow, was appointed executrix. The validity of the “ second” clause of the will was in question upon this appeal. It read as follows: “ Second.
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The testator, John Robison, died on the 24th day of December, 1855. His will was admitted to probate March 25, 1856. The appellant, his widow, was appointed executrix. The validity of the “ second” clause of the will was in question upon this appeal. It read as follows: “ Second. I hereby order and direct my executrix and executor, hereafter named, to take immediate possession and control of the real and personal property coming to me from the estate of my father, John I. Robison; and, in ease any portion of said estate shall be real estate, I hereby authorize and empower them to sell and…
1Opinion of the CourtMiller, P. J.
By the last will and testament of John Robison, deceased, provision was made for an accumulation of interest upon certain investments made for the benefit of minors, by virtue of which the executrix received, on account of the fund referred to, accumulations of interest for a number of years. This provision was clearly void by the Revised Statutes, which provides that accumulations of such a character must terminate at the expiration of the minority of the minors for whose benefit it is made. (Hawley v. James, 5 Pai., 480; Hull v. Hull, 24 N. Y., 647, 650; 1 R. S., 726, § 37; id., 773, § 2.)…
2Cases cited7 opinions
- Williams v. . WilliamsNew York Court of Appeals · 1853
- Hawley & King v. JamesNew York Court of Chancery · 1835
- Decouche v. SavetierNew York Court of Chancery · 1817
- Kilpatrick v. . JohnsonNew York Court of Appeals · 1857
- Hull v. . HullNew York Court of Appeals · 1862
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Kalish v. . KalishNew York Court of Appeals · 1901
- Scott v. WestWisconsin Supreme Court · 1885
- House v. AgateNew York Surrogate's Court · 1877
- In re the Judicial Settlement of the Account of PerryNew York Surrogate's Court · 1905
- Cole v. TerpenningNew York Supreme Court · 1881
3 more not listed; retrieve them via the Exa API.