Legal Opinion

Scott v. Monell

New York Surrogate's Court

Decided November 15, 1862PublishedCited by 2 opinions

The testator, Alexander L. M. Scott, departed this life on the 31st day of August, 1857, leaving a will bearing date the 8th day of January, 1857, and leaving him surviving, his widow, Margaret M. Scott, and his children, James O. Scott (afterwards declared to be a person of unsound mind, and represented in this proceeding by John J. Monell, his committee), John M. Scott, Fanny L. Scott, and Gilbert 0. Scott — the two latter, minors.

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The testator, Alexander L. M. Scott, departed this life on the 31st day of August, 1857, leaving a will bearing date the 8th day of January, 1857, and leaving him surviving, his widow, Margaret M. Scott, and his children, James O. Scott (afterwards declared to be a person of unsound mind, and represented in this proceeding by John J. Monell, his committee), John M. Scott, Fanny L. Scott, and Gilbert 0. Scott — the two latter, minors. By the second clause of his will, the testator gaVe his wife his dwelling-house, &c., situate at ¡No. 582 Broome-street, in the city of ¡New York. This devise…

1Opinion of the Court

The Subrógate. — By his will, the testator, after certain specific devises and legacies, directed his executors, as soon after his decease as might be judicious, to sell stocks of any amount sufficient to realize the sum of fifty thousand dollars, which he afterwards, by a codicil, reduced to forty thousand dollars, and to invest this sum in mortgages upon real estate in their own names, in trust, to, apply the income of it to the * support and maintenance of his widow during her natural life, and to the maintenance and education of his two children, Louisa and Gilbert, until they became of…

2Cases cited7 opinions

  1. Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
  2. Hawley & King v. JamesNew York Court of Chancery · 1835
  3. Converse v. KelloggNew York Supreme Court · 1850
  4. Hone v. FisherNew York Court of Chancery · 1848
  5. Taylor v. WendelNew York Surrogate's Court · 1857

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3Cited by2 opinions

  1. Janssen v. WempleNew York Surrogate's Court · 1878
  2. Burke v. NolanNew York Surrogate's Court · 1882

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