Morrell v. Dickey
New York Court of Chancery
WILLIAM I.'SWAN, of Charleston, S. C., being about to sail, as supercargo, on a voyage to the West-Indies, wrote a letter, dated New-York, August 31, 1810, addressed to John Magrath, which, among other things, contained the following clause: “ My dear friend, a thousand accidents may occur to me, which might deprive my sisters of that protection which it would be my study to afford; and, in that event, I must beg that you will attend to putting them in possession of two…
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WILLIAM I.'SWAN, of Charleston, S. C., being about to sail, as supercargo, on a voyage to the West-Indies, wrote a letter, dated New-York, August 31, 1810, addressed to John Magrath, which, among other things, contained the following clause: “ My dear friend, a thousand accidents may occur to me, which might deprive my sisters of that protection which it would be my study to afford; and, in that event, I must beg that you will attend to putting them in possession of two thirds of what I may be worth, appropriating the remaining part to Miss C****, and her child, in any manner that may appear…
1Opinion of the Court
The Chancellor.
This is an amicable suit, by the plaintiffs, as legatees, in and by the last will of William I. Swan, deceased, against the defendant, as administrator with the will annexed, and the case is submitted upon bill and answer.
1. The first point is as to the right of the plaintiffs (the mother and son) to the legacy, and the extent of that right. The will was in the form of a letter, addressed to John Magrath, at the time when the testator was setting out on a voyage from New-York to the West-Indies, where he died; and it contained the following clause: “A thousand accidents may…
2Cases cited1 opinion
- Fenwick v. Sears's AdministratorsSupreme Court of the United States · 1803
3Cited by43 opinions
- Lámar v. MicouSupreme Court of the United States · 1884
- Helme v. . BuckelewNew York Court of Appeals · 1920
- Downing v. . MarshallNew York Court of Appeals · 1867
- Doolittle v. LewisNew York Court of Chancery · 1823
- Borden v. BordenMassachusetts Supreme Judicial Court · 1809
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