Root v. Stuyvesant
New York Supreme Court
[259] Appeal from chancery. In October, 1828, the father of the respondent made and published his last will and testament, whereby, after disposing of his plate, family pictures, &c., he gave to his executors all his personal estate in trust to pay to his wife an annuity of $3000; and, after paying the said annuity, to divide the surplus yearly income of his personal estate among all his children, until four years after the youngest of them should arrive at lawful age, and…
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[259] Appeal from chancery. In October, 1828, the father of the respondent made and published his last will and testament, whereby, after disposing of his plate, family pictures, &c., he gave to his executors all his personal estate in trust to pay to his wife an annuity of $3000; and, after paying the said annuity, to divide the surplus yearly income of his personal estate among all his children, until four years after the youngest of them should arrive at lawful age, and then to divide among them the primipal, reserving enough to secure the annuity to his wife, and after her decease, to…
1Opinion of the Court
*143After advisement, the following opinions were delivered :
By Chief Justice Nelson.
This case involves the question, whether the will of the late Nicholas W. Stuyvesant, made in October, 1828, but republished, with some slight alterations, in February, 1833, is valid within the provisions of the Revised Statutes. The chancellor has come to the conclusion that it is not valid; that so much of it is void within these statutes," that the residue cannot be upheld without altogether defeating the testator’s intention, and depriving the children, the chief objects of the testator’s bounty, as…
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