Legal Opinion

Earl v. Grim

New York Court of Chancery

Decided August 8, 1815PublishedCited by 25 opinions

MARGARET JAUNCEY, of New-York, widow, being possessed of considerable real and personal estate, on the 29 th of August, 1798, made her will, the parts of which, material to be stated, were as follows : “ My worldly substance I do dispose of as follows ; to my step-daughter, Sarah Jauncey, 1 do give and bequeath such a portion of my household furniture,” &c. “ The rest of my household,” &c. “ I direct my executors to sell,” 8zc.

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MARGARET JAUNCEY, of New-York, widow, being possessed of considerable real and personal estate, on the 29 th of August, 1798, made her will, the parts of which, material to be stated, were as follows : “ My worldly substance I do dispose of as follows ; to my step-daughter, Sarah Jauncey, 1 do give and bequeath such a portion of my household furniture,” &c. “ The rest of my household,” &c. “ I direct my executors to sell,” 8zc. “ and apply the proceeds thereof to the discharge of a debt secured, by mortgage, on my house fronting the street formerly called King-street,” &c. “ Whereas, it hath…

1Opinion of the Court

The Chancellor.

This suit was brought for the purpose of obtaining the direction of the court as to the distribution of the proceeds of the lands ordered to be sold by the executors. •

*497There is no question as to the Pine-street property; the difficulty among the parties has arisen respecting the house and lot in Beekman-street.

This lot having been sold by the executor, and the nett amount, to 2,000 dollars, placed at interest, according to the directions of the will, it is admitted that the legatees are entitled to the interest, to be paid annually ; and the great point is, whether the…

2Cited by25 opinions

  1. Betts v. BettsNew York Supreme Court · 1878
  2. Palms v. PalmsMichigan Supreme Court · 1888
  3. Fox v. PhelpsNew York Supreme Court · 1837
  4. In re the Final Judicial Settlement of the Accounts of NorthropAppellate Division of the Supreme Court of the State of New York · 1922
  5. Greene v. WilburSupreme Court of Rhode Island · 1886

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