Burrill v. Sheil
New York Supreme Court
In Equity. The bill in this cause was filed by the plaintiffs as sole acting executqrs of the last will and testament of Richard Towning, late of the city of New-York, deceased. The bill set forth that the testator being possessed of a considerable real and personal estate, made and published his last will and testament, in writing, bearing date July 3d, 1840, in the following words: “ In the name of God, amen.
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In Equity. The bill in this cause was filed by the plaintiffs as sole acting executqrs of the last will and testament of Richard Towning, late of the city of New-York, deceased. The bill set forth that the testator being possessed of a considerable real and personal estate, made and published his last will and testament, in writing, bearing date July 3d, 1840, in the following words: “ In the name of God, amen. I, Richard Towning, formerly of the parish of Christ Church, in the county of Surrey, in that part of the kingdom of Great Britain called England, late of Aux Cayes, in the island of…
1Opinion of the CourtEdwards, J.
The testator, Richard Towning, by his last will and testament, devised and bequeathed all his estate, both real and personal, to the complainants Burrill and Woolsey, residing in New-York, and the defendants Sheil and Ballard, residing in England, upon certain trusts therein mentioned, and appointed the said trustees his executors. Sheil and Ballard refused to qualify as executors, or to act as trustees. The executors were invested by the will with full power, and were expressly directed, to sell the real estate. They were also directed to invest £3000 sterling in England, in the joint names…
2Cases cited5 opinions
- De Peyster v. ClendiningNew York Court of Chancery · 1840
- Wood v. WoodNew York Court of Chancery · 1836
- Gott v. CookNew York Court of Chancery · 1839
- Bulkley v. DepeysterNew York Supreme Court · 1841
- In re StevensonNew York Court of Chancery · 1831
3Cited by10 opinions
- Ford v. FordWisconsin Supreme Court · 1887
- Britton v. . Insurance Co.Supreme Court of North Carolina · 1914
- Thorn v. de BreteuilAppellate Division of the Supreme Court of the State of New York · 1903
- Britton v. Metropolitan Life InsuranceSupreme Court of North Carolina · 1914
- Sutter v. Dutch ChurchSupreme Court of Pennsylvania · 1862
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