Cooper v. Remsen
New York Court of Chancery
THE bill stated, that the plaintiff was the widow of W. Cooper, deceased, and daughter of Isaac Clason, deceased. That on the 26th of September, 1810, I. C. made his will, to which lie added a codicil, dated February 14, 181.5, a short time before his death, by which he appointed two additional executors. The defendants, Remsen, Dickinson, and Delaplaine, were .the executors.
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THE bill stated, that the plaintiff was the widow of W. Cooper, deceased, and daughter of Isaac Clason, deceased. That on the 26th of September, 1810, I. C. made his will, to which lie added a codicil, dated February 14, 181.5, a short time before his death, by which he appointed two additional executors. The defendants, Remsen, Dickinson, and Delaplaine, were .the executors. The will contained the following clause: “I give and devise to my daughter Eliza Cooper, her heirs and assigns, for ever, all the furniture which she has received from me. amounting to 3,570 dollars and 23 cents, and…
1Opinion of the Court
The Chancellor.
I have had occasion already to express my opinion, on the condition annexed to the legacy to the plaintiff. (3 Johns. Ch. Rep. 382. 522.) The testator intended to make the provision for the plaintiff, during her separation from her husband, and that separation actually existed at the date of the will. He only intended it to continue u during the separation j” and at the time of his. death there was no separation, but the plaintiff and her husband lived and cohabited together, as husband and wife. The testator had a right to judge for himself, whether any, and what provision he…
2Cases cited1 opinion
- Cooper v. RemsenNew York Court of Chancery · 1818
3Cited by5 opinions
- In re the Judicial Settlement of the Account of KelleyAppellate Division of the Supreme Court of the State of New York · 1928
- Tennison v. TennisonSupreme Court of Missouri · 1870
- Wright v. MayerAppellate Division of the Supreme Court of the State of New York · 1900
- Oliver v. WellsAppellate Division of the Supreme Court of the State of New York · 1930
- Potter v. McAlpineNew York Surrogate's Court · 1885