Alston v. Jones
New York Court of Chancery
This case came before the chancellor upon a demurrer of G. A. Jones, one of the defendants, to the complainants’ bill of complaint. John Mason, late of the city of New-York, died, seised and possessed of a large real and personal estate.
Read the full summary
This case came before the chancellor upon a demurrer of G. A. Jones, one of the defendants, to the complainants’ bill of complaint. John Mason, late of the city of New-York, died, seised and possessed of a large real and personal estate. And the bill in this cause was filed by J. .Alston, in the names of himself and his wife, who was a daughter of the decedent, to set aside a testamentary paper which had been propounded by the executors and trustees named therein, and admitted to probate by the surrogate, as the last will and testament of the decedent. And the other six children of the…
1Opinion of the Court
The Chancellor.
The objection is well taken, that the bill is improperly filed by the husband in the names of himself and his wife, to set aside a will which secures to her and her issue, her one-eighth of the property of her deceased father, for her separate use, during the coverture. It is very evident from this bill, that the interests of the husband and wife are in conflict in this case. For if the will is sustained, she not only gets a clear annuity of $3000 for her separate use, during coverture, with the chance of an increase thereof to the whole amount of the income, but also the…
2Cited by2 opinions
- Ackley v. . TarboxNew York Court of Appeals · 1864
- Lancaster v. LancasterTennessee Supreme Court · 1884