Saltus v. Saltus
New York Supreme Court
Appeal from ail order of the surrogate of New York city and county. The will of Francis Saltus, deceased, dated February 3d, 1854, devised and bequeathed the rest, residue and remainder of his estate to his executors, in trust among other purposes, to pay over to the testator’s son, Francis H. Saltus, the income of one-eighth part thereof annually during his life, and afterward to pay and deliver the principal to Francis S. Saltus, the testator’s grandson.
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Appeal from ail order of the surrogate of New York city and county. The will of Francis Saltus, deceased, dated February 3d, 1854, devised and bequeathed the rest, residue and remainder of his estate to his executors, in trust among other purposes, to pay over to the testator’s son, Francis H. Saltus, the income of one-eighth part thereof annually during his life, and afterward to pay and deliver the principal to Francis S. Saltus, the testator’s grandson. Theodore Saltus, the appellant, one of the executors, paid to the said Francis S. the sum of $7,000, being an eighth part of the…
1Opinion of the Court
By the Court
Ingraham, P. J.
Tlie order appealed from directed the executor to deposit in the Trust Company the sum of $7,000, Avith interest from 14th November, 1857, *11upon the ground that the same had been improperly paid to Francis II. Saltus, and should have been invested pursuant to the directions of the will, or that an attachment issue. The original order disallowed the item of §7,000 charged as paid to Francis II. Saltus, as not authorized to be paid to him, and directed that such moneys should be invested, and decided that the executor was primarily liable therefor.. That order was…
2Cases cited2 opinions
- Seaman v. . DuryeaNew York Court of Appeals · 1854
- Doran v. DempseyNew York Surrogate's Court · 1851
3Cited by1 opinion
- Timpson's EstateNew York Surrogate's Court · 1872