In re G. C. Davison
New York Court of Chancery
This was áñ application for' a further allowance to the mother of the infants out of the estate of their father, for their maintenance, beyond the amount allowed for that purpose by his will.
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This was áñ application for' a further allowance to the mother of the infants out of the estate of their father, for their maintenance, beyond the amount allowed for that purpose by his will. The testator died in 1824, and by his will devised and bequeathed his real and personal estate to his-executors and trustees in trust, to invest the personal estate' and the proceeds of the real estate until his youngest child should arrive at the age of twenty-one; and out of the rents and profits and income thereof to pay to his widow an annuity of $1000 during that time, and to pay each child $1000…
1Opinion of the Court
The Chancellor.
The allowance of the $1000, as pro. vided. by the will, is undoubtedly a scanty allowance for the support of the widow and the three children who are still tinable to earn any thing for their own support, considering the amount of the property to which they are presumptively entitled. But I do not see how this court can increase that allowance without making a new will for the testator. He has given to the widow all his household furniture and an annuity of $1000, and has also made a further provision by which she, or her personal representative in case of her death, will be…
2Cited by11 opinions
- Hughes v. Federal Trust Co.New Jersey Court of Chancery · 1936
- In re RennNew York Supreme Court · 1941
- In re TurnerNew York Supreme Court · 1851
- Fowler v. ColtNew Jersey Court of Chancery · 1871
- Hill v. HillNew York Supreme Court · 1924
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