Dustan v. Dustan
New York Court of Chancery
The defendants being the executrix and executors of the will of the complainant’s father, were required by the will to pay to the complainant annually $200, and also one-fifth of the testator’s estate, in case the complainant should refrain from vicious habits, and conduct himself with sobriety and good morals.
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The defendants being the executrix and executors of the will of the complainant’s father, were required by the will to pay to the complainant annually $200, and also one-fifth of the testator’s estate, in case the complainant should refrain from vicious habits, and conduct himself with sobriety and good morals. About two years after his father’s death the complainant filed his bill against his mother and the other personal representatives of his father, insisting that he had reformed, and claiming the payment of his share of the estate. The defendants had refused to pay over to the…
1Opinion of the Court
*The Chancellor :—It is admitted in this case that the complainant, at the death of his father, was irregular in his habits, and dissipated. It was undoubtedly the intention of the testator that he should not receive his share of the property until his mother and the other executors of the will were satisfied that he had permanently reformed. By their answer it appears they do not believe this is the case. The testimony which has been taken shows that he has conducted himself well, so far as the witnesses know, since his father’s death. But only a very few witnesses have been examined to this…
2Cited by4 opinions
- Apperson & Co. v. FordSupreme Court of Arkansas · 1861
- Markham v. HuffordMichigan Supreme Court · 1900
- In re Jackson's WillNew York Surrogate's Court · 1892
- Farmers State Bank & Trust Co. v. MangoldIllinois Supreme Court · 1953