De Barante v. Gott
New York Supreme Court
In Eq.uity. William Cook died on the 4th of July. 1834, leaving his mother, Candace Cook, and his two nieces, Sara Cook and Jeannette M. Cook, his only heirs at law and next of kin surviving him.
Read the full summary
In Eq.uity. William Cook died on the 4th of July. 1834, leaving his mother, Candace Cook, and his two nieces, Sara Cook and Jeannette M. Cook, his only heirs at law and next of kin surviving him. By his will, he appointed John Gott, Bichará Marvin and John L. Schoolcraft his executors, and devised to them all his estate, both real and personal; to have and to hold the same in trust, nevertheless, to sell all the real estate, except the house and lot in Pearl-street in the city of Albany, occupied by the testator, and a farm in the county of Otsego; and to invest the proceeds for certain…
1Opinion of the Court
By the Court, Harris, J.
It is not denied that Madame de Barante, at the time of her death, was seised in her own right, as an heir at law of her father, of the undivided fourth part of the store in Hudson-street, and the undivided half of the land in Herkimer county; nor is it denied that she was entitled to the funds in the hands of the trustees, under the will, arising from the interest and income of her share of the estate, or to the amount in the hands of her guardian; nor did I understand it to be denied upon the argument that the plaintiff, by virtue of the marriage contract, became…
2Cases cited2 opinions
- Craig v. LeslieSupreme Court of the United States · 1818
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
3Cited by7 opinions
- McNutt v. McNuttIndiana Supreme Court · 1888
- In Re the Transfer Tax Upon the Estate of MajotNew York Court of Appeals · 1910
- Bonati v. . WelschNew York Court of Appeals · 1861
- Lemyé v. SirkerAppellate Division of the Supreme Court of the State of New York · 1929
- Richards v. Merrimack & Connecticut River RailroadSupreme Court of New Hampshire · 1860
2 more not listed; retrieve them via the Exa API.