Vail v. Vail
New York Supreme Court
In Eq.uity. The bill in this cause was filed to obtain thé decision and direction of the court as to the construction of certain parts of the will of Laurent Salles, deceased. The testator died in 1833, leaving property of the value of about twelve hundred thousand dollars, one hundred thousand of which was in real estate, and the residue was in stocks, bonds and mortgages, and other personal property.
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In Eq.uity. The bill in this cause was filed to obtain thé decision and direction of the court as to the construction of certain parts of the will of Laurent Salles, deceased. The testator died in 1833, leaving property of the value of about twelve hundred thousand dollars, one hundred thousand of which was in real estate, and the residue was in stocks, bonds and mortgages, and other personal property. The testator left a widow about 47 years of age, and six children, the eldest of whom was 26 years of age, and the youngest fourteen. By his will, which was made after the revised statutes went…
1Opinion of the CourtEdmonds, J.
Although there is no express devise to the executors, in the will, yet I entertain no doubt that a trust is created by it.
1. As to the devise of $25,000 for the use of testator’s wife. The executors are to set it apart, and keep it invested for her use, and to pay her the interest durante viduitate, with a devise over in case of her death or marriage. In one event it is to go into and form part of the residuum. The legal estate in this sum must necessarily be vested in the executors, while the absolute ownership is thus suspended, and if in them, must be held by them as trustees, for the…
2Cases cited3 opinions
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
- Van Vechten v. Van VeghtenNew York Court of Chancery · 1840
- Kane v. GottCourt for the Trial of Impeachments and Correction of Errors · 1840
3Cited by9 opinions
- Marx v. . McGlynnNew York Court of Appeals · 1882
- Scott v. WestWisconsin Supreme Court · 1885
- Dean v. MumfordMichigan Supreme Court · 1894
- Baker v. RandNew York Supreme Court · 1852
- Clark v. HornthalMississippi Supreme Court · 1872
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