Bowers v. Smith
New York Court of Chancery
The bill in this cause was filed by the complainant, J. Bowers, in the names of himself and wfife, to obtain a construction of the will of his deceased father in law, Elias Smith. The testator died in 1839, seized and possessed of a large estate, real and personal, leaving his wife and four children surviving him.
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The bill in this cause was filed by the complainant, J. Bowers, in the names of himself and wfife, to obtain a construction of the will of his deceased father in law, Elias Smith. The testator died in 1839, seized and possessed of a large estate, real and personal, leaving his wife and four children surviving him. After providing in his will for the payment of his debts out of his personal estate, the testator, by the second clause of his will, devised to his ■wife Loranna Smith, and to his daughter Sarah Maria, the wife of J. Bowers, jointly, the use, benefit, and enjoyment of a farm, and of…
1Opinion of the Court
The Chancellor.
The bill in this case appears to have been filed upon the supposition that it is a part of the established jurisdiction of the court of chancery to settle all questions which arise as to the construction and validity of the provisions of a will of real estate, as W'ell as of personal property. This court has jurisdiction in cases of trust. And the executor always takes the legal title to the personal estate of the testator as a trustee. For so far as the provisions of the will are valid he holds the property in the character of trustee for the persons to whom it is bequeathed.…
2Cited by66 opinions
- Post v. . HoverNew York Court of Appeals · 1865
- Chipman v. . MontgomeryNew York Court of Appeals · 1875
- Wager v. . WagerNew York Court of Appeals · 1882
- Monarque v. . MonarqueNew York Court of Appeals · 1880
- Read v. . WilliamsNew York Court of Appeals · 1891
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