Ackerman v. Emott
New York Supreme Court
In Eq.uity. This was an appeal by the defendants, and a cross appeal by the plaintiff, from a decree of the late vice chancellor of the third circuit. The object of the bill was to procure the payment of a legacy by the defendants, which they hold, as executors and trustees, under the will of Matthew Van Benschoten. The bill set forth that the complainant was a daughter of Matthew Tan Benschoten Ackerman, of the county of Dutchess.
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In Eq.uity. This was an appeal by the defendants, and a cross appeal by the plaintiff, from a decree of the late vice chancellor of the third circuit. The object of the bill was to procure the payment of a legacy by the defendants, which they hold, as executors and trustees, under the will of Matthew Van Benschoten. The bill set forth that the complainant was a daughter of Matthew Tan Benschoten Ackerman, of the county of Dutchess. That Matthew Tan Benschoten, great uncle of the father of the complainant, did, on the 26th day of August, 1818, make his last will and testament, by which the…
1Opinion of the Court
By the Court, Strong, P. J.
The testator, by the third codicil to his will bequeathed to the plaintiff $3500, to be paid to her when she should arrive at age, or marry ; and directed that in the meantime the interest on such legacy should be paid, in the discretion of the executors, for her maintenance and education. The whole personal estate of the testator was bequeathed to the executors, in trust for the purposes specified in the will; and the plaintiff’s legacy was given subject to its provisions and instructions. Although the defendants were not in terms authorized to invest the legacy…
2Cases cited1 opinion
- Eckford v. De KayNew York Court of Chancery · 1840
3Cited by33 opinions
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- Ormiston v. . OlcottNew York Court of Appeals · 1881
- In re the Judicial Settlement of the Account of the Long Island Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Cruce v. CruceSupreme Court of Missouri · 1884
- Pabst v. GoodrichWisconsin Supreme Court · 1907
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