Pierce v. Chamberlain
New York Supreme Court
This action was tried before Mr Justice Daniels, without a jury, and was brought to recover the interest upon a legacy of four thousand dollars left by the defendant’s testator in his will for the plaintiff’s ^benefit.
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This action was tried before Mr Justice Daniels, without a jury, and was brought to recover the interest upon a legacy of four thousand dollars left by the defendant’s testator in his will for the plaintiff’s ^benefit. The defendants were constituted the executors of the last will and testament of Benjamin Chamberlain, deceased, and letters testamentary were issued to them on the 22d of April, 1868, and they took possession and control of the testator’s estate, as executors, from the time of his death, which event occurred on the 10th of February, 1868. The remaining facts appear in the…
1Opinion of the CourtDaniels, J.
When the testator died he left personal *502estate amounting to the sum of one hundred and ten thousand dollars, all of which was drawing interest, except the sum of ten thousand dollars invested in bank stock, and that was earning dividends. This personal estate exceeded what was required to pay all the debts owing from, and all the legacies given by the testator. Forty thousand dollars consisted of money on deposit in the hands of Truman E. Colman, Who was by the testators’s will appointed the plaintiff’s trustee. This deposit was held under an agreement that Colman .should pay. seven per cent,…
2Cases cited1 opinion
- Cooke v. . MeekerNew York Court of Appeals · 1867
3Cited by8 opinions
- Matter of StanfieldNew York Court of Appeals · 1892
- In re McKayNew York Surrogate's Court · 1893
- Barrow v. BarrowNew York Supreme Court · 1890
- Foster v. WetmoreNew York Supreme Court · 1891
- In re Stanfield's EstateNew York Supreme Court · 1892
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