Hertell v.Van Buren
New York Court of Chancery
John Dover, by his will dated the twelfth day of October, one thousand eight hundred and twenty, after making certain provisions for his wife in lieu of dower, devised to each of his daughters, Anna, the wife of Stephen Stephens, and Lucretia,wife of John Wyckoff, for life, the rents, issues and profits of one equal undivided third part of the residue of his estate, real and personal, to be paid to them respectively in half yearly payments for their separate use.
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John Dover, by his will dated the twelfth day of October, one thousand eight hundred and twenty, after making certain provisions for his wife in lieu of dower, devised to each of his daughters, Anna, the wife of Stephen Stephens, and Lucretia,wife of John Wyckoff, for life, the rents, issues and profits of one equal undivided third part of the residue of his estate, real and personal, to be paid to them respectively in half yearly payments for their separate use. After the decease of his said daughters, such third parts of the estate were to go to the lawful issue of his daughters…
1Opinion of the Court
The Vice-Chancellor :
The great and leading question is with the defendant James Bogert: whether, by virtue of his purchase and the assignment from Van Buren, he has acquired a right to hold the bond and mortgage and receive the money to his own use ?
That there has been a gross breach of trust committed by Van Burén, cannot be denied. It does not appear that he had any occasion to sell-the bond and mortgage for the purposes of the estate. The whole of the money was, most certainly, not wanted for immediate distribution among the devisees ; and it was safely secured at interest, the principal,…
2Cases cited1 opinion
- Sinclair v. Jackson ex dem. FieldCourt for the Trial of Impeachments and Correction of Errors · 1826
3Cited by7 opinions
- Battell v. MatotSupreme Court of Vermont · 1885
- Clark v. HornthalMississippi Supreme Court · 1872
- Thorp v. McCullumIllinois Supreme Court · 1844
- Bogert v. HertellCourt for the Trial of Impeachments and Correction of Errors · 1842
- Enders v. EndersNew York Supreme Court · 1914
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