Fullerton v. Jackson
New York Court of Chancery
BILL for an account of the rents and profits of two acres of land, devised to the infant by his grandfather, with directions in the will, that “ the rents and profits be appropriated, with such other moneys as may be thought necessary by my executors, for the expense of his education, until he arrives to the age of sixteen years; and then to be at the election of my executors whether to give him education to get a living, or learn him a useful trade; and when he arrives to…
Read the full summary
BILL for an account of the rents and profits of two acres of land, devised to the infant by his grandfather, with directions in the will, that “ the rents and profits be appropriated, with such other moneys as may be thought necessary by my executors, for the expense of his education, until he arrives to the age of sixteen years; and then to be at the election of my executors whether to give him education to get a living, or learn him a useful trade; and when he arrives to the age of twenty-one years, I do also order that he shall be put into the possession of the above lot, and be paid 200…
1Opinion of the Court
The Chancellor.
A grandfather has no right, under the statute, to appoint, by will, a guardian to his grandchild 5 but, as Lord Hardwicke observed, in Blake v. Leigh, (Amb. 306.) he may give his estate on what conditions he pleases. There are instances where a grandfather has given his estate to his grandchild, and appointed guardians of his estate and person; and if the father did not submit to the will, the Court has made the father’s opposition work a forfeiture of the son’s estate.
In the present case, the testator intended that the rents and profits of the land devised during the minority…
2Cited by11 opinions
- Post v. . HoverNew York Court of Appeals · 1865
- In Re the Accounting of KelloggNew York Court of Appeals · 1907
- New York Trust Co. v. BlackAppellate Division of the Supreme Court of the State of New York · 1917
- In re the Judicial Settlement of the Account of ScovilleNew York Surrogate's Court · 1911
- In re the Judicial Settlement of the Accounts of the of the Last Will & Testament of BaumannNew York Surrogate's Court · 1920
6 more not listed; retrieve them via the Exa API.