Cooper v. Remsen
New York Court of Chancery
THE bill, which was for a legacy, stated, that Isaac Clason, by his will, dated September 25th, 1810, gave to the plaintiff, Mrs. C., his daughter, the furniture he had deliveiv ed to her; and, also, that he gave her, during her separation from the plaintiff, W. C., her husband, one thousand dollars a year, which he charged on his real estate; and that on the 14tli of February, 1815, the testator, by a codicil, altered the names of the executors, but made no further change…
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THE bill, which was for a legacy, stated, that Isaac Clason, by his will, dated September 25th, 1810, gave to the plaintiff, Mrs. C., his daughter, the furniture he had deliveiv ed to her; and, also, that he gave her, during her separation from the plaintiff, W. C., her husband, one thousand dollars a year, which he charged on his real estate; and that on the 14tli of February, 1815, the testator, by a codicil, altered the names of the executors, but made no further change in his will. The bill further stated, that at the time of the decease of the testator, and at .the time of making the…
1Opinion of the Court
The Chancellor.
It is impossible to maintain this suit upon these pleadings.
It is admitted that the plaintiffs had separated, and lived .apart when the will was made. This appears from one of the answers, but not from the bill, which only states, “ that at the time of the date of the codicil, and at the testator’s death, the plaintiffs were living and cohabiting together, and that the testator well knew it, and that immediately after the death of the testator, the plaintiffs separated from each other, and have continued to live separate and apart ever since, until within two months previous o…
2Cited by5 opinions
- In re the Judicial Settlement of the Intermediate Account of HaightAppellate Division of the Supreme Court of the State of New York · 1900
- Wright v. MayerAppellate Division of the Supreme Court of the State of New York · 1900
- Whiton v. SnyderNew York Supreme Court · 1889
- Cooper v. RemsenNew York Court of Chancery · 1821
- Dwyer v. KuchlerNew Jersey Court of Chancery · 1934