Jenkins v. Freyer
New York Court of Chancery
Isaac Freyer, who died in 1802, by his will devised to jjg Son Isaac I. lots number 1 and 7 in the city of Albany, charged with the payment of a legacy of £100. He also devised to his.son William, lots No. 3 and 4, charged with £30; to his son John, lot No. 8, charged with £20; to his son Peter, lot No. 2, charged with £65; and to his son Henry, lots No. 6 and 9, charged with £25. The testator then gave £500 in legacies to certain of his grandchildren, a portion thereof to…
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Isaac Freyer, who died in 1802, by his will devised to jjg Son Isaac I. lots number 1 and 7 in the city of Albany, charged with the payment of a legacy of £100. He also devised to his.son William, lots No. 3 and 4, charged with £30; to his son John, lot No. 8, charged with £20; to his son Peter, lot No. 2, charged with £65; and to his son Henry, lots No. 6 and 9, charged with £25. The testator then gave £500 in legacies to certain of his grandchildren, a portion thereof to be paid by the said devisees, as above mentioned, and the residue to be paid by his executors, out of his personal estate…
1Opinion of the Court
The Chancellor.
The guardian ad litem of infant defendants should not consent to a general reference to a master to take an account against the infants, until he has ascertained, from an examination of the pleadings at .least, that their rights can be protected on such reference, and that his wards will not be subjected to the expense of a double litigation. One object of this suit is to settle the claims of the original legatees, or their representatives, to legacies, parts of which legacies were charged upon real estate in which some of the infant defendants are now interested; and yet the…
2Cited by37 opinions
- McCartney v. OsburnIllinois Supreme Court · 1886
- Tucker v. . BishopNew York Court of Appeals · 1857
- Buchanan v. BuchananSupreme Court of New Jersey · 1909
- Buckley v. BuckleyNew York Supreme Court · 1850
- Woodin v. BagleyNew York Supreme Court · 1835
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