Wood v. Wood
New York Court of Chancery
The bilí in this cause was filed on behalf of three infant children, by their next friend, against J. B. Wood, their uncle, the executor of their father and their testamentary guardian, to obtain a decree declaring the trusts of the will void, or that the fund directed to be invested in the state of Ohio might be invested for their benefit in this state; and to prevent such testamentary guardian from removing the complainants out of the jurisdiction of this court to the…
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The bilí in this cause was filed on behalf of three infant children, by their next friend, against J. B. Wood, their uncle, the executor of their father and their testamentary guardian, to obtain a decree declaring the trusts of the will void, or that the fund directed to be invested in the state of Ohio might be invested for their benefit in this state; and to prevent such testamentary guardian from removing the complainants out of the jurisdiction of this court to the state of Ohio, The mother of the infants, who was entitled, under the will, to an interest in the testator’s property during…
1Opinion of the Court
The Chancellor.
Although the father of these complainants has made a most singular, and probably a very in- ■ discreet disposition of his property, considering the situation of his family and the tender ages of his children at the time of his death, I cannot perceive that the defendant, J. B. Wood, has done any thing, or has attempted, or even claimed the right to do any thing which he had not reason to believe it was his duty to do, as the executor of his brother and the testamentary guardian of the complainants, and as a faith*600fui trustee of the decedent's property, under the will. So fair as…
2Cited by56 opinions
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
- Lewis v. . SmithNew York Court of Appeals · 1854
- Bascom v. . AlbertsonNew York Court of Appeals · 1866
- Ford v. FordWisconsin Supreme Court · 1887
- Konvalinka v. . SchlegelNew York Court of Appeals · 1887
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