Legal Opinion

Coster v. Lorillard

Court for the Trial of Impeachments and Correction of Errors

Decided December 15, 1835PublishedCited by 85 opinions

Appeal from Chancery. George Lorillard, of the city of New-York, died in September, 1832, a bachelor, possessed of a large real and personal property, worth about three-millions of dollars ; most of which was in real estate in the city of New-York, and the annual income of which at the time of his death was from eighty to one hundred thou- sand dollars. His mother was living at the time of his death, but she survived him but a few days.

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Appeal from Chancery. George Lorillard, of the city of New-York, died in September, 1832, a bachelor, possessed of a large real and personal property, worth about three-millions of dollars ; most of which was in real estate in the city of New-York, and the annual income of which at the time of his death was from eighty to one hundred thou- sand dollars. His mother was living at the time of his death, but she survived him but a few days. He left two brothers of the whole blood Jacob and Peter Lorillard ; one brother and one sister of the half blood, Daniel Holsman, and Catharine, the wife of…

1Opinion of the Court

Whereupon, after advisement, the following opinions were delivered by members of the court for the correction of errors :

By Chief Justice Savage.

The validity of the legacies and annuities contained in the first clause of the will has not been argued ; they were conceded to be a charge upon the estate, and to be paid whether the principal trust in the will be sustained or not. That concession was unnecessary.

The estate may be said to be disposed of as follows : Devise to the executors and trustees, and the survivors of them, their heirs and assigns, in trust, to receive the rents and profits…

2Cited by85 opinions

  1. Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
  2. Savage v. . BurnhamNew York Court of Appeals · 1858
  3. Carrier v. . CarrierNew York Court of Appeals · 1919
  4. In re Estate of WalkerlyCalifornia Supreme Court · 1895
  5. Purdy v. . HaytNew York Court of Appeals · 1883

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