Rogers v. Paterson
New York Court of Chancery
The bill in this cause was filed by the executors and exectutrix of John Ellis, deceased, to settle the construction of the 'will of the decedent, as to a legacy given to his daughter Eliza Emily, formerly the wife of the defendant Paterson. The «chancellor decided that the devise over of the legacy, in case of the death of the legatee before she arrived at the age of 21, Was valid; and that the legacy was to be distributed as a part of the residuary estate.
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The bill in this cause was filed by the executors and exectutrix of John Ellis, deceased, to settle the construction of the 'will of the decedent, as to a legacy given to his daughter Eliza Emily, formerly the wife of the defendant Paterson. The «chancellor decided that the devise over of the legacy, in case of the death of the legatee before she arrived at the age of 21, Was valid; and that the legacy was to be distributed as a part of the residuary estate. Upon an appeal to the court for the (correction of errors, the decree of the court of chancery was reversed. The appellate court also…
1Opinion of the Court
The Chancellor.
Even if the executrix is right in sup» posing that the $18,000 of the legacy invested on bond and mortgage became the real estate of Mrs. Paterson by the release of the equity of redemption to the mortgagees, so that it descended to her heirs at law, and not to her husband, I have not the power, either upon a bill of review or otherwise, to correct the decision of a superior tribunal, by which the whole property was decreed to the husband. Neither do I see anyway in which these facts could be gotten before the court for the correction of errors, even if there was a rehearing…
2Cited by12 opinions
- Hastings v. McKinleyNew York Court of Appeals · 1853
- In re RandolphNew York Surrogate's Court · 1911
- De Agreda v. MantelThe Superior Court of New York City · 1854
- Driver v. BlakeleyOregon Supreme Court · 1940
- Hochgraef v. HendrieMichigan Supreme Court · 1887
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