Chamberlain v. . Chamberlain
New York Court of Appeals
Appeal from» the judgment of the late General Term of the Supreme Court, in the eighth district, affirming in part and in part modifying the judgment of the Special Term.
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Appeal from» the judgment of the late General Term of the Supreme Court, in the eighth district, affirming in part and in part modifying the judgment of the Special Term. Action by the plaintiff, as one of the heirs-at-law and next of kin of Benjamin Chamberlain, deceased, in his own right, and for his own benefit, as well as for the benefit and in behalf of the other heirs-at-law and next of kin of the deceased, against the executors and the devisees and legatees, claiming under the will of the deceased, for a judicial construction of the will, -and to avoid certain parts and provisions…
1Opinion of the CourtAllen, J.
If the residuary bequests are valid, there was an equitable conversion of the whole estate into personalty for all the purposes of the will. The gifts were of money, the avails of the real and personal estate, and the conversion of-the realty into personalty under the authority conferred upon the executors, is regarded as having been accomplished at the death of the testator. (Leigh & Dalzell on Eq. Conversion, 5, 109; Phelps v. Pond, 23 N. Y., 69 ; Thornton v. Hanly, 10 Vesey, 129; Stagg v. Jackson, 1 Comst., 206.) If, therefore, the disposition of the residue of the estate in favor of the…
2Cases cited13 opinions
- Parsons v. . LymanNew York Court of Appeals · 1859
- Phelps' v. . PondNew York Court of Appeals · 1861
- Bascom v. . AlbertsonNew York Court of Appeals · 1866
- Wood v. WoodNew York Court of Chancery · 1836
- Moultrie v. . HuntNew York Court of Appeals · 1861
8 more not listed; retrieve them via the Exa API.
3Cited by177 opinions
- Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
- Hutchison v. RossNew York Court of Appeals · 1933
- Hollis v. . Drew Theological SeminaryNew York Court of Appeals · 1884
- Wetmore v. . ParkerNew York Court of Appeals · 1873
- The Ministers and Missionaries Benefit Board v. Leon Snow v. The Estate of Clark FlesherNew York Court of Appeals · 2015
172 more not listed; retrieve them via the Exa API.