Smith v. Smith
New York Court of Chancery
THE bill stated, that W. S. the father of the plaintiff, by his will, dated October 18th, 1801, devised his personal estate, after payment of his debts, to the plaintiff, and his brother A. S., equally; and one part of his real estate to the plaintiff, and the other to his brother A. S. describing them particularly, and the survivor was to take the whole, if the other died under age.
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THE bill stated, that W. S. the father of the plaintiff, by his will, dated October 18th, 1801, devised his personal estate, after payment of his debts, to the plaintiff, and his brother A. S., equally; and one part of his real estate to the plaintiff, and the other to his brother A. S. describing them particularly, and the survivor was to take the whole, if the other died under age. J. Smith, and the defendant W. S., were appointed executors, who qualified, and possessed themselves of the personal estate. A. S. died an infant, and intestate, and the plaintiff became his administrator. On the…
1Opinion of the Court
The Chancellor.
There is not a single bad note taken by the guardians. It appears from the testimony, that every person to whom they had loaned money was a safe and responsible person at the time of the loan, and remained so when the testimony was taken. It was the same case with the persons from whom notes were taken for arrearages of rent. The testator appears to have been in the habit of giving three months credit to the tenants for arrears of rent, and the guardians gave the same credit. Notes so taken were usually at six per cent, which appears to be the customary rate of interest in…
2Cited by11 opinions
- Lámar v. MicouSupreme Court of the United States · 1884
- Lee v. LeeSupreme Court of Alabama · 1876
- In re RandolphNew York Surrogate's Court · 1911
- In re the Judicial Settlement of the Accounts of GreggNew York Surrogate's Court · 1895
- Driver v. BlakeleyOregon Supreme Court · 1940
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