Bolton v. De Peyster
New York Supreme Court
THIS was an action by the children of Henry Lynch, deceased, to recover their alleged interest in a fund set apart by the will of their grandfather, Dominick Lynch, deceased. Dominick Lynch died in June, 1825, being possessed of a large estate, real and personal.
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THIS was an action by the children of Henry Lynch, deceased, to recover their alleged interest in a fund set apart by the will of their grandfather, Dominick Lynch, deceased. Dominick Lynch died in June, 1825, being possessed of a large estate, real and personal. Previous to his decease he made and published, in due form of law, his last will and testament, whereby, after giving to his widow Jane, certain articles of personal property, he ' devised all his estate, real and personal, to his executors in trust; first, to pay his debts ; secondly, to pay to his wife an annuity of $3000 a year…
1Opinion of the Court
By the Court, Davies, J.
A perusal of this will must carry with it the conviction that the first object of the testator’s bounty and solicitude ivas his wife. Her comfortable support for life, without the possibility of accident, ivas his chief concern. It is apparent, we think, that he regarded his children, in comparison with ivhat he deemed due to his wife, as secondary objects of his consideration. It would appear from his will, that he had already made some provision for them, and that he gave to his children Louisa and Edward each §5000, “ they having as yet received nothing from me,…
2Cases cited1 opinion
- Lorillard v. CosterNew York Court of Chancery · 1835
3Cited by5 opinions
- Hutton v. . BenkardNew York Court of Appeals · 1883
- Hogle v. HogleNew York Supreme Court · 1888
- In re the Judicial Settlement of the Estate of SmithNew York Surrogate's Court · 1905
- Onderdonk v. AckermanNew York Supreme Court · 1881
- Kibler v. HuverNew York Supreme Court · 1890