Vail v. Vail
New York Court of Chancery
The bill in this cause was filed to obtain the decision and direction of the court as to the construction of certain parts of the will of Laurent Salles, deceased. The testator died in 1833, leaving property of the value of about twelve hundred thousand dollars, one hundred thousand of which was in real estate, and the residue was in' stocks, bonds and mortgages and other personal property.
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The bill in this cause was filed to obtain the decision and direction of the court as to the construction of certain parts of the will of Laurent Salles, deceased. The testator died in 1833, leaving property of the value of about twelve hundred thousand dollars, one hundred thousand of which was in real estate, and the residue was in' stocks, bonds and mortgages and other personal property. The testator left a widow, about 47 years of age, and six children, the eldest of which was 26 years of age and the youngest fourteen. By his will, which was made after the revised statutes went into…
1Opinion of the Court
The Chancellor.
The principal, if not the only question in this case, is as to the disposition of the rents and profits of the real estate of the testator, and the interest or income of the general residue of the personalty, which may accrue before the time appointed for the distribution or apportionment of the residuary estate among the children. So far as the income of the real estate is concerned, the case admits of very little doubt. For it is a general rule of law, that so much of the real estate of a testator as is not legally and sufficiently devised to some other person, either in…
2Cited by18 opinions
- St. John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
- Scott v. WestWisconsin Supreme Court · 1885
- Pray v. . HegemanNew York Court of Appeals · 1883
- Cook v. . LowryNew York Court of Appeals · 1884
- Bush v. AdamsSupreme Court of Florida · 1886
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