Wood v. Cone
New York Court of Chancery
Tms was an amicable suit brought by the executors of the will of R. Goodrich, deceased, against A. Cone and Anne his wife and their infant children, for a judicial construction of the will of the decedent; for the purpose of settling the respective rights of the defendants to the interest or income of the proceeds of a sale of the testator’s real estate.
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Tms was an amicable suit brought by the executors of the will of R. Goodrich, deceased, against A. Cone and Anne his wife and their infant children, for a judicial construction of the will of the decedent; for the purpose of settling the respective rights of the defendants to the interest or income of the proceeds of a sale of the testator’s real estate. The testator died previous to the adoption of the revised statutes, leaving a widow, and Mrs. Anne Cone, his only daughter, who was his sole heir at law. By his will he directed his executors to sell all his real and perdona! estate; and…
1Opinion of the Court
The Chancellor.
If the interest upon the bond and mortgage, which accrued after the death of the testator’s widow and before the death of the daughter, is not legally and effectually disposed of by the will in the event which has happened, it unquestionably belongs to the husband and not to the children of Mrs. Cone. Upon the principles of equitable convérsion the proceeds of the real estate directed by the testator to be sold is only considered as converted into personalty for the purposes of the will. And if any estate or interest in this converted fund was not legally and effectually…
2Cited by5 opinions
- Betts v. BettsNew York Supreme Court · 1878
- In re Vedder's EstateNew York Supreme Court · 1891
- Painter v. PainterSupreme Court of Pennsylvania · 1908
- Gallagher v. Rowan's Adm'rSupreme Court of Virginia · 1890
- In re the Judicial Settlement of the Accounts of ClarkNew York Supreme Court · 1891