Hone v. Van Schaick
New York Court of Chancery
This was an appeal from a decree of the vice chancellor of the. first circuit, upon a bill filed by the executors of John Hone deceased, against his widow and heirs, legatees and distributees, for the purpose of obtaining a construction of the will, and the directions of the court as to the validity of the devise of the estate of the testator to his executors in trust.
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This was an appeal from a decree of the vice chancellor of the. first circuit, upon a bill filed by the executors of John Hone deceased, against his widow and heirs, legatees and distributees, for the purpose of obtaining a construction of the will, and the directions of the court as to the validity of the devise of the estate of the testator to his executors in trust. The testator died in 1832, leaving seven children, and the decendants of two deceased children, his heirs at law; who together with his widow were entitled to his personal estate, if any, not legally disposed of by his will and…
1Opinion of the Court
The Chancellor.
Some questions embraced in the pleadings and points of the parties, before the vice chancellor, were not finally disposed of by the decree ; but as there is no appeal on that ground, and the decree reserves the right to the parties to apply for further directions as to any matters not disposed of by the decree, they cannot be taken into consideration at this time. And as none of the parties have appealed from that part of the decree which declares the validity of the legacy of $30,000, to the widow and son of the testator upon an undefined and secret trust, the question cannot…
2Cases cited1 opinion
- Coster v. LorillardCourt for the Trial of Impeachments and Correction of Errors · 1835
3Cited by18 opinions
- Underwood v. . CurtisNew York Court of Appeals · 1891
- Smith v. IndianaSupreme Court of the United States · 1903
- Akin v. . KelloggNew York Court of Appeals · 1890
- State v. HolmesMichigan Supreme Court · 1898
- Lee v. . TowerNew York Court of Appeals · 1891
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