Grout v. Van Schoonhoven
New York Court of Chancery
The bill in this cause was filed by Solon Grout, against James Van Schoonhoven and John T. M'Coun, trustees in the marriage settlement hereinafter set forth, and against his wife, Rebecca Ann Grout, and their infant children. It prayed to have the settlement declared void and cancelled, and in default of avoiding it, to have it executed according to his wife’s wishes, and a' part of the personal property paid over to him.
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The bill in this cause was filed by Solon Grout, against James Van Schoonhoven and John T. M'Coun, trustees in the marriage settlement hereinafter set forth, and against his wife, Rebecca Ann Grout, and their infant children. It prayed to have the settlement declared void and cancelled, and in default of avoiding it, to have it executed according to his wife’s wishes, and a' part of the personal property paid over to him. Mrs. Grout, then Miss Knickerbackeiyat the time of the marriage, on the 24th of May, 1832,' was seised in fee of an undivided moiety of a valuable real estate, in the city…
1Opinion of the Court
The Assistant Vice-Chancellor.
By the trust deecf executed' in 1835, the complainant conveyed to the trustees his life estate as tenant by the curtesy initiate, in the real estate in question. But no other or greater estate or interest was vested' in the trustees. Mrs. Grout was not a party to the deed, and" the estate in fee after the death of the complainant will remain in her.
When this deed was before my learned predecessor in November, 1842,-he held upon an examination of the trusts, that the limitations in the deed after the death of Mrs. Grout were voidj as providing for a suspension of…
2Cases cited1 opinion
- Darling v. Rogers & SagoryCourt for the Trial of Impeachments and Correction of Errors · 1839
3Cited by2 opinions
- R. W. Smith & Co. v. Mallory's Ex'rSupreme Court of Alabama · 1854
- Perry v. FosterNew York Supreme Court · 1881