Ogden v. Smith
New York Court of Chancery
Richard Harison late of the city of New-York, deceased, being in 1827 seised in fee of a lot of land in the county of Jefferson, contracted .to sell the same to the defendant, who immediately entered into possession of the lot, and has continued in possession ever since. In 1825, Mr. Harison made and published his will, and thereby devised all his estate, real arid personal to his executors, T. L. Ogden, W. Johnson and B. Robinson, upon- the trusts therein mentioned.
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Richard Harison late of the city of New-York, deceased, being in 1827 seised in fee of a lot of land in the county of Jefferson, contracted .to sell the same to the defendant, who immediately entered into possession of the lot, and has continued in possession ever since. In 1825, Mr. Harison made and published his will, and thereby devised all his estate, real arid personal to his executors, T. L. Ogden, W. Johnson and B. Robinson, upon- the trusts therein mentioned. The first trust expressed in the. will was, that the executors and trustees, either personally or by attorney, should execute…
1Opinion of the Court
The Chancellor.
The true construction of this will and codicil, taken together, appears to be this: By the original will the te.stator intended that three executors should actually accept the trust; and if any of those named by him declined, provision was made to supply the vacancies.' In the codicil two others are added, without any new direction as to supplying vacancies if any of them should renounce the execution of the .will. The original intention of the testator will therefore be carried into effect by permitting any num*198ber of the executors, not less than three, to qualify and execute…
2Cited by4 opinions
- Tilton v. . BeecherNew York Court of Appeals · 1874
- Clark v. HornthalMississippi Supreme Court · 1872
- Meakings v. CromwellThe Superior Court of New York City · 1849
- Steinhardt v. CunninghamNew York Supreme Court · 1890