In re Stevenson
New York Court of Chancery
M. Trotter, by his will, devised and bequeathed his estate, both real and personal, to his executors named in his will, of whom the petitioner, was one ; to hold the same upon certain trusts in the will mentioned.
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M. Trotter, by his will, devised and bequeathed his estate, both real and personal, to his executors named in his will, of whom the petitioner, was one ; to hold the same upon certain trusts in the will mentioned. The petitioner stated that he had renounced the execution of the will, which had been proved by the other executor only; and that he.had wholly refused to accept the trust, and had never interfered with the real or personal estate of the testator, either as executor or trustee. ' He therefore prayed that he might be discharges from his trust under the will, by an order of this court.
1Opinion of the Court
The Chancellor.
In this case I think the order of the court discharging the petitioner as trustee is wholly unnécessary. By the common law, if a devise was made to two persons upon trust, and one of them refused to accept the trust, it was a good devise to the trustee who did accept. (Nicholson v. Wandsworth, 2 Swanst. Rep. 370. Adams v. Taunton, 5 Mad. Rep. 438. Bonefant v. Greenfields, 1 Leon. Rep. 60.) The estate in this case was devised to the petitioner and Wendell, as executors; and the former having renounced the execution of the will, and not being named in the letters testamentary…
2Cited by13 opinions
- Taylor v. BenhamSupreme Court of the United States · 1847
- Pell v. McElroyCalifornia Supreme Court · 1868
- Exon v. DanckeOregon Supreme Court · 1893
- Burrill v. SheilNew York Supreme Court · 1848
- In Re the Accounting of KelloggNew York Court of Appeals · 1915
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