Wood v. Executors of Riker
New York Court of Chancery
The intestate, Gr. Riker, was the testamentary guardian of the complainant, Phebe Ann Wood, and the surviving executor of her father’s will. Her share of the estate was to be paid when she became of age, or was married. Previous to her marriage, the guardian received $500 in satisfaction for an assault committed upon her.
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The intestate, Gr. Riker, was the testamentary guardian of the complainant, Phebe Ann Wood, and the surviving executor of her father’s will. Her share of the estate was to be paid when she became of age, or was married. Previous to her marriage, the guardian received $500 in satisfaction for an assault committed upon her. She married Wood in 1819, and became of age in July, 1821. Biker died in September, 1827, and in 1829, the bill in this case was filed against his executors for an account and payment of Mrs. Wood’s share of the estate, and of the money received upon the compromise for the…
1Opinion of the Court
*The Chancellor :—The right of Mrs. Wood to a share of her father’s estate did not accrue till after her marriage, which brings this case within the exception contained in the statute in favor of femes covert. It does not appear when the $500 which was received by Biker as guardian, was paid to him. As to that, he was bound to account when she became of age. The statute would not commence running until the expiration of his trust, even if it can be considered a bar in any case of a direct trust. If the statute of limitations was a good defence to one part of the complainant’s demand, it is…
2Cited by2 opinions
- Flynt v. HatchettSupreme Court of Georgia · 1851
- Burnett v. WrightNew York Supreme Court · 1892