Schermerhorne v. Schermerhorne
New York Court of Chancery
THE bill stated, that the plaintiff is the only acting executor of John Schermerhorne, who died in 1798, and, by his will, dated the 9th of January, 1798, devised his estate to his wife, for life, and, after her death, to his son, Abraham, in fee, upon condition, that he, his heirs, &c. after the death of his wife, should comfortably and reasonably support and maintain his daughter Nelly, during her life, to the satisfaction of his executors; and that in case the executors,…
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THE bill stated, that the plaintiff is the only acting executor of John Schermerhorne, who died in 1798, and, by his will, dated the 9th of January, 1798, devised his estate to his wife, for life, and, after her death, to his son, Abraham, in fee, upon condition, that he, his heirs, &c. after the death of his wife, should comfortably and reasonably support and maintain his daughter Nelly, during her life, to the satisfaction of his executors; and that in case the executors, or the survivor of them, &sc., should be of opinion, that his son, Abraham, his heirs, he., did not support or maintain…
1Opinion of the Court
The Chancellor.
The defendant, as heir of Abraham. Schermerhorne, refuses to maintain Nelly, the lunatic, and is willing that the plaintiff should possess the estate, and support Nelly out of the rents and profits. But she claims the reversion, after Nelly's death, and denies any right to have the estate sold.
It is evident, that the house and three acres of land, (being all the estate remaining, chargeable with the maintenance of Nelly,) is insufficient to maintain her, and are in a ruinous situation. The only serious point in the case is, whether the premises can be sold for the purpose of…
2Cited by5 opinions
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