Colburn v. Lansing
New York Supreme Court
THIS is an appeal from a judgment entered upon the report of a referee. James Woods, by his will, provided as follows : “ I would provide for the support of Sally, the wife of Sheldon Main, in a comfortable manner during her life, but in such a way as that no part of any property I may have, or the avails thereof, may ever reach Sheldon Main, either for his support or for any other purpose relating to him.
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THIS is an appeal from a judgment entered upon the report of a referee. James Woods, by his will, provided as follows : “ I would provide for the support of Sally, the wife of Sheldon Main, in a comfortable manner during her life, but in such a way as that no part of any property I may have, or the avails thereof, may ever reach Sheldon Main, either for his support or for any other purpose relating to him. The support of Sally must, therefore* be dealt out to her sparingly, from time to time, by my executors, in such way that no part of it may reach him, arid such support for Sally shall not…
1Opinion of the Court
By the Court, Ingalls, J.
The testator, by his will, did not designate any particular premises to be occupied by Sally Main, but simply imposed upon the executors the duty to provide comfortable house room. for her to keep house by herself during her natural life. By the decree of the. Court of Chancery, certain premises were designated for her to occupy until the further order of the court. While she was thus occupying the premises, the said O. E. Lansing procured an insurance upon the house, in his own name as executor, for $800, and the house having been destroyed by fire, the company paid…
2Cases cited5 opinions
- Despard v. . WalbridgeNew York Court of Appeals · 1857
- Herkimer v. . RiceNew York Court of Appeals · 1863
- Wyman v. . WymanNew York Court of Appeals · 1863
- Haddock v. KelseyNew York Supreme Court · 1848
- Kettell v. WigginMassachusetts Supreme Judicial Court · 1816
3Cited by5 opinions
- Brooks v. MooreNew York Supreme Court · 1872
- Clinton v. Hope InsuranceNew York Supreme Court · 1868
- Globe Insurance v. BoyleOhio Superior Court, Cincinnati · 1871
- Jacobus v. JacobusNew Jersey Court of Chancery · 1883
- Joslyn v. CapronNew York Supreme Court · 1873