Mason v. Jones
New York Supreme Court
In Eg.xjity. This was an appeal, by the plaintiff, from a decree of the assistant vice chancellor of the first circuit. The bill was filed by James Mason, one of the sons of the late John Mason of the city of Nevv-Yorlc, deceased, against the executors and other persons interested in the estate of his father, for a construction of the last will and testament of the decedent.
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In Eg.xjity. This was an appeal, by the plaintiff, from a decree of the assistant vice chancellor of the first circuit. The bill was filed by James Mason, one of the sons of the late John Mason of the city of Nevv-Yorlc, deceased, against the executors and other persons interested in the estate of his father, for a construction of the last will and testament of the decedent. The will was executed on the 26th day of September, 1839, and was in the following words: “ In the name of God, Amen—I, John Mason, of the city of New-York, gentleman, being of a sound and disposing mind, memory, and…
1Opinion of the Court
By the Court, McCoun, J.
The leading question to be considered in this case, arises upon the sixth devising clause of the will, it is this: Whether the trustees take one half of the estate as one entire gift for the purpose of a common fund to be made up of income,-out of which to pay the four several annuities ; or whether it is to be understood as a devise of half the estate in shares; thereby creating several trust funds for the payment of the respective annuities, each annuity being payable out of a distinct fourth part of the income.
If the former was intended by the testator, and such be…
2Cases cited4 opinions
- Gott v. CookNew York Court of Chancery · 1839
- Kane v. GottCourt for the Trial of Impeachments and Correction of Errors · 1840
- Bulkley v. DepeysterNew York Supreme Court · 1841
- Evertson v. OgdenNew York Court of Chancery · 1840
3Cited by21 opinions
- Phillips v. . DaviesNew York Court of Appeals · 1883
- Hall v. Wilder Manufacturing Co.Supreme Court of Missouri · 1927
- Cooper v. HeathertonAppellate Division of the Supreme Court of the State of New York · 1901
- Reppy v. ReppySupreme Court of Missouri · 1870
- Huntzicker v. Illinois Cent. R. Co.Court of Appeals for the Sixth Circuit · 1904
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