In re Bostwick
New York Court of Chancery
PETITION of Susannah F. Bostwick, stating, that her father, Joseph Watkins, now deceased, by his will, directed his estate, real and personal, to be appraised, and that his executors should put at interest, on good security, one eighteenth part thereof, and pay the interest of such part to the petitioner, during her life, in half yearly payments ; and he then devised the principal, after her death, to her heirs.
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PETITION of Susannah F. Bostwick, stating, that her father, Joseph Watkins, now deceased, by his will, directed his estate, real and personal, to be appraised, and that his executors should put at interest, on good security, one eighteenth part thereof, and pay the interest of such part to the petitioner, during her life, in half yearly payments ; and he then devised the principal, after her death, to her heirs. That the testator appointed her two brothers, Joseph S. and John S. Watkins, executors, who have qualified. That the estate being appraised, as directed, amounted to 66,293 dollars,…
1Opinion of the Court
The Chancellor.
The practice séettts sufficiently settled * v by the authorities referred to, and by that of ex parte Mountfort, (15 Ves. 445.) to allow of the application for maintóJ , y nance, by petition. The history of the cases where relief of this kind has been afforded upon petition, without biil, is-given in the case ex parte Salter, (3 Bro. 500;) and in that" case ihe costs of the petition were allowed to the guardian in his accounts, according to the precedent in ex parte Thomas, (Amb. 196.)
The greatest difficulty in this case is- the application to-break in upon the capital of the…
2Cited by35 opinions
- Factor v. LaubenheimerSupreme Court of the United States · 1933
- Williamson v. BerrySupreme Court of the United States · 1850
- Simpson v. . Foundation Co.New York Court of Appeals · 1911
- Gallatian v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1826
- Voëssing v. VoëssingNew York Surrogate's Court · 1880
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