Thorne v. Underhill
New York Surrogate's Court
The testatrix was a daughter of Deborah Rhinelander, and wife of Isaac Underhill. By the will of Deborah Rhinelander, admitted to probate in 1836, her large estate was given to the executors in trust for the benefit of Elizabeth R. Underhill, for life, with power given to her to use, occupy, receive income, etc., and also to cause the trustees to sell, rent, lease or convey the real estate, in fee simple absolute, as she should, in writing, require; she was also given power…
Read the full summary
The testatrix was a daughter of Deborah Rhinelander, and wife of Isaac Underhill. By the will of Deborah Rhinelander, admitted to probate in 1836, her large estate was given to the executors in trust for the benefit of Elizabeth R. Underhill, for life, with power given to her to use, occupy, receive income, etc., and also to cause the trustees to sell, rent, lease or convey the real estate, in fee simple absolute, as she should, in writing, require; she was also given power to dispose of, by will, what should remain at her death, as she might see fit. Jacob Rhinelander, an uncle of…
1Opinion of the Court
The Surrogate.
I can but regard this as a most extraordinary case. Here is a very large estate, involving an accounting for about $1,000,000, relating to transactions extending over nearly a quarter of a century, conducted by one person, and he a guileless, simple-hearted man, now of advanced years, largely unfamiliar with affairs, with a confused and defective memory, and the only witness whose evidence can be had as to the history of the somewhat complex transactions involved. Under the circumstances, it may be regarded as marvellous that no great disaster has befallen the estate. While the…
2Cases cited2 opinions
- Lawrence v. . LindsayNew York Court of Appeals · 1877
- Willoughby v. McCluer & HolbrookNew York Supreme Court · 1829