Livingston v. Livingston
New York Court of Chancery
THE bill, filed in January, 1803, stated that Philip-Philip Livingston, father of the plaintiff, being seized of Teal and personal estate, in the island of Jamaica, and in.' this state, in April, 1784, made his will, by which, after giving his wife, in lieu of dower, 1000 pounds, his plate, furniture, &c. and an annuity, or rent charge of 600 pounds sterling, payable out of all his estate in Jamaica, and elsewhere, during her fife, in half-yearly instalments, bequeathed to…
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THE bill, filed in January, 1803, stated that Philip-Philip Livingston, father of the plaintiff, being seized of Teal and personal estate, in the island of Jamaica, and in.' this state, in April, 1784, made his will, by which, after giving his wife, in lieu of dower, 1000 pounds, his plate, furniture, &c. and an annuity, or rent charge of 600 pounds sterling, payable out of all his estate in Jamaica, and elsewhere, during her fife, in half-yearly instalments, bequeathed to his-seven children, and to such others as might afterwards be born, each 4000 pounds sterling, to be paid to them…
1Opinion of the Court
The cause stood over for consideration until this day, when the following opinion was delivered by his honour :
The Chancellor.
The great object of the bill is to convert the real estate held by two of the defendants, in trust, for the legal representatives of Philip P. Livingston deceased, and of whom the plaintiff is executor, into assets, for the payment of the debts still outstanding against that testator’s estate.
The bill does not state the amount of the outstanding debts, nor who the creditors are. It only avers that the assets already applied for the purpose, have proved “ utterly…
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