Bradley v. Amidon
New York Court of Chancery
This was an'appeal by the defendants from a decree of the vice chancellor of the seventh circuit. G. Pinckney, the father-in-law of the complainant, by his will devised and bequeathed to the children of his daughter, Electa, the complainant’s wife, then in being, and to such as she should thereafter have, one third of his real and personal estate, to be equally divided among them share and share alike ; and in case of the death of any of them without issue, and under the age…
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This was an'appeal by the defendants from a decree of the vice chancellor of the seventh circuit. G. Pinckney, the father-in-law of the complainant, by his will devised and bequeathed to the children of his daughter, Electa, the complainant’s wife, then in being, and to such as she should thereafter have, one third of his real and personal estate, to be equally divided among them share and share alike ; and in case of the death of any of them without issue, and under the age of 21, their shares to go to the survivors and to the children of such as had died leaving children ; with a limitation…
1Opinion of the Court
The Chancellor.
The counsel for the defendants does not appear to have called the attention of the vice chancellor to the fact that no decree could properly be made upon this bill, to which no person having any interest in the estate of the testator is a party, either as a complainant or defendant. The surrogate is not authorized by law to appoint a trustee, but merely to appoint a guardian of the estate of the infant. • Such guardian, therefore, is not authorized to file a bill in his own name, to obtain possession of the property of his infant wards ; but he must file it in the names of the…
2Cited by21 opinions
- Hale v. HaleIllinois Supreme Court · 1893
- Robert v. . CorningNew York Court of Appeals · 1882
- Vernon v. . VernonNew York Court of Appeals · 1873
- Scott v. WestWisconsin Supreme Court · 1885
- Segelken v. . MeyerNew York Court of Appeals · 1884
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