Morton v. Morton
New York Court of Chancery
Thomas C. Morton, by his will bearing date the twenty-sixth day of April one thousand eight hundred and thirty-three (after bequeathing several specific and pecuniary legacies) devised the residue of his estate, both real and personal, to trustees, who were also appointed executors, in trust: 1. To divide his library, as near as might be, equally amongst his five children ; 2. Out of the rents and profits of his real estate to pay off and discharge all mortgages and…
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Thomas C. Morton, by his will bearing date the twenty-sixth day of April one thousand eight hundred and thirty-three (after bequeathing several specific and pecuniary legacies) devised the residue of his estate, both real and personal, to trustees, who were also appointed executors, in trust: 1. To divide his library, as near as might be, equally amongst his five children ; 2. Out of the rents and profits of his real estate to pay off and discharge all mortgages and incumbrances thereon; 3. After such payments in full, to divide the rents and income amongst his five children during their…
1Opinion of the Court
The Vice-Chancellor:
No question has been made as to the validity of the will concerning the real estate. For the purposes of the present suit, all parlies in interest must be deemed to acquiesce in the validity of the trusts of the realty as well as in those of the personal property.
The fifth trust-clause of the will, upon which this question arises, seems to me to admit of but one construction consistently with the object and meaning of the testator.
He, in the first place, directs a division and distribution of his personal estate, not otherwise specifically bequeathed, to and amongst his…
2Cited by1 opinion
- Sternbach v. FriedmanAppellate Division of the Supreme Court of the State of New York · 1898