Legal Opinion

Spencer v. Spencer

New York Court of Chancery

Decided August 6, 1844PublishedCited by 2 opinions

This was an application by John Spencer, the complainant, for directions to the substituted trustee of his estate, who had been appointed such trustee, in this suit, to pay to the petitioner an annuity at the rate of $1200 per annum, out of the trust estate, from the time of his marriage.

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This was an application by John Spencer, the complainant, for directions to the substituted trustee of his estate, who had been appointed such trustee, in this suit, to pay to the petitioner an annuity at the rate of $1200 per annum, out of the trust estate, from the time of his marriage. J. Rhoades, the trustee, declined paying to the petitioner any more than $700, without the special direction of the court; upon the ground that it was at least doubtful whether any more was payable under the terms of thé trust deed. The trust deed conveyed the fund in question to the original trustees, in…

1Opinion of the Court

The Chancellor.

The principal question for considera-tipn in this case is upon the construction of the words, shall marry and have a family. The word family may mean children, wife and children, blood relatives, or the members of the domestic circle, according to the connection in which the word is used. Thus in Barnes v. Patch, (8 Ves. 605,) where a residuary bequest of a contingent interest in the testator’s estate was directed, upon the happening of the contingency, to be equally divided between his' brother and sister’s families, Sir William Grant decided that the whole went to the…

2Cited by2 opinions

  1. Wood v. WoodSupreme Court of Connecticut · 1893
  2. People ex rel. Sagazei v. SagazeiNew York Court of General Session of the Peace · 1899

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