Cogswell v. Cogswell
New York Court of Chancery
Nathaniel Cogswell made his will, duly executed, as lows: “First I do give, bequeath and devise, to my dear and beloved Wife Mary, my House Number 26. Varick Street, and the lot of Ground on which the same is erected, with the appurtenances, situate, lying and being in the Fifth Ward of the City of New York, and also the one third of the nett rents, issues and profits of my other real estate during her natural life, in lieu of and in bar of all claims of dower upon my said…
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Nathaniel Cogswell made his will, duly executed, as lows: “First I do give, bequeath and devise, to my dear and beloved Wife Mary, my House Number 26. Varick Street, and the lot of Ground on which the same is erected, with the appurtenances, situate, lying and being in the Fifth Ward of the City of New York, and also the one third of the nett rents, issues and profits of my other real estate during her natural life, in lieu of and in bar of all claims of dower upon my said estate. Secondly, I do give, bequeath, devise and dispose of all my estate, real and personal, of whatsoever nature or…
1Opinion of the Court
The Vice-Chancellor:
I. The first question raised by the bill in this cause, upon which the complainants ask the advice and direction of the court is: from what time Mrs. Cogswell, the widow, is entitled to the dividends on the three thousand pounds sterling British government three per cent, stock.
I infer, from the manner in which this is mentioned in the *237will, that the testator possessed the particular stock at the time of his death. He does not direct the trustees to make an investment for that purpose, as in other instances where he is desirous of creating an income for annuities ; but the…
2Cited by23 opinions
- Matter of Final Accounting of GerryNew York Court of Appeals · 1886
- McFadden v. . AllenNew York Court of Appeals · 1892
- Mulberger v. BeurhausWisconsin Supreme Court · 1899
- Chamberlin v. . GleasonNew York Court of Appeals · 1900
- Stevens v. StevensNew York Supreme Court · 1894
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