Kane v. Gott
Court for the Trial of Impeachments and Correction of Errors
Appeal from chancery. William Cook died seized of a considerable real estate, and possessed of personal property consisting of bonds and mortgages, and other securities, of the value of about $120,000. In November, 1833, he made his last will and testament: by the third clause of which he gave, devised and bequeathed unto one John Qott and two other persons, whom he subsequently constituted executors of his will, all his estate, both real and personal. upon trust, to sell…
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Appeal from chancery. William Cook died seized of a considerable real estate, and possessed of personal property consisting of bonds and mortgages, and other securities, of the value of about $120,000. In November, 1833, he made his last will and testament: by the third clause of which he gave, devised and bequeathed unto one John Qott and two other persons, whom he subsequently constituted executors of his will, all his estate, both real and personal. upon trust, to sell his real estate, (except certain specified portions,) and to invest the proceeds (not required to carry into ef- [ *642 ]…
1Opinion of the Court
After advisement, the following opinion was delivered:
By CowE2í, J.
An easy solution of the main difficulty raised by these appeals, is to be found in that feature of the will which converts the whole of the property under question into personal estate. A trust in the executors is created with imperative directions to sell as soon as may be the testator’s whole real estate, except certain specified portions not now in question, and appropriate the avails to the purposes of his will, in connection with his other personal property. It is of the nature of such a trust that immediately on the…
2Cases cited2 opinions
- Coster v. LorillardCourt for the Trial of Impeachments and Correction of Errors · 1835
- Darling v. Rogers & SagoryCourt for the Trial of Impeachments and Correction of Errors · 1839
3Cited by18 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Williams v. . WilliamsNew York Court of Appeals · 1853
- Greenland v. . WaddellNew York Court of Appeals · 1889
- Palms v. PalmsMichigan Supreme Court · 1888
- Mason v. JonesNew York Supreme Court · 1848
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