Clarke v. Boorman's Executors
Supreme Court of the United States
Appeal from the Circuit Court for the Southern District of New York; the case being thus: James R. Smith, a merchant of New York, died in June, 1817, leaving a will, which was duly proved on the 11th day of that month. By this will he appointed as his executors Hannah Smith, his widow, Andrew Foster, John Thomson, James Boorman, and Matthew St. Clair Clarke.
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Appeal from the Circuit Court for the Southern District of New York; the case being thus: James R. Smith, a merchant of New York, died in June, 1817, leaving a will, which was duly proved on the 11th day of that month. By this will he appointed as his executors Hannah Smith, his widow, Andrew Foster, John Thomson, James Boorman, and Matthew St. Clair Clarke. All of them qualified as trustees except Foster, but before any of the transactions under the will which were the subject of the present suit took place, the acting executors were reduced to Boorman and Clarke. The testator authorized his…
1Opinion of the Court
Mi4 Justice MILLER,
delivered the opinion of the court.
The jdaiutiffs assume, as the foundation of their, bill, that by the true construction of the codicil as applied to the facts of the case, Jeanet Clarke took but a life estate in the real property of her father, or a life interest in the proceeds of the sale, so far as it may have been sold, and that their father, George Clarke, had a vested remainder or interest in the property so devised to Jeanet.
The first question, then, which naturally arises in the case as thus presented is, whether the construction which the plaintiffs place upon…
2Cases cited1 opinion
- Prevost v. GratzSupreme Court of the United States · 1821
3Cited by62 opinions
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