Larocque v. Clark
New York Surrogate's Court
Joseph Larocque, the administrator of the goods, &c., of Warren Saxton, deceased, presented a petition foil an accounting by George Clark and Orville Brooks, executors of the last will and testament of Charles Saxton, deceased. The executors rendered an account of their proceedings, when it appeared that the sum of ten thousand dollars was in their hands for distribution.
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Joseph Larocque, the administrator of the goods, &c., of Warren Saxton, deceased, presented a petition foil an accounting by George Clark and Orville Brooks, executors of the last will and testament of Charles Saxton, deceased. The executors rendered an account of their proceedings, when it appeared that the sum of ten thousand dollars was in their hands for distribution. The testator, by his will, directed, among other things, “ that $10,000 of my estate be invested by my executors in some safe stock,” &e., “ and I hereby give the whole income and profits of said $10,000 to my father, as…
1Opinion of the Court
The Surrogate. — I. As to the first point raised by the executor, I believe it to be the general rule of law, that a legacy, payable in the future, and consisting of personal property, or charged upon personal estate, vests from the death of the testator. The law was otherwise as to legacies charged upon the realty, and the chancellor showed the distinction between them, in his remarks in Birdsall v. Hewlett (1 Paige, 32). He said, “ Legacies charged upon the real estate and payable at a future day, are not vested, and become lapsed, if the legatee dies before the time of payment arrives.…
2Cases cited4 opinions
- Fish v. HowlandNew York Court of Chancery · 1828
- Nodine v. GreenfieldNew York Court of Chancery · 1839
- Van Wyck v. BloodgoodNew York Surrogate's Court · 1850
- Wilson v. WilsonNew York Supreme Court · 1860
3Cited by3 opinions
- In re the Judicial Settlement of the Account of Proceedings of the United States Trust Co.New York Surrogate's Court · 1912
- In re the Judicial Settlement of the Account of Proceedings of the United States Trust Co.New York Surrogate's Court · 1912
- Lockwood v. LockwoodNew York Surrogate's Court · 1878