Bulkley v. Depeyster
New York Supreme Court
A PPEAL from Chancery. John Clendining, by his -CA. last will and testament, bearing date 22d July, 1829, after making a specific bequest to his wife, gave all his real and personal estate to trustees, and directed them to convert the whole into money, and from the proceeds of the same to pay to his wife an annuity ; to pay his daughter Margaret, the wife of Horace Bulkley, five dollars, as and for her full and entire portion of his estate, he having already advanced and…
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A PPEAL from Chancery. John Clendining, by his -CA. last will and testament, bearing date 22d July, 1829, after making a specific bequest to his wife, gave all his real and personal estate to trustees, and directed them to convert the whole into money, and from the proceeds of the same to pay to his wife an annuity ; to pay his daughter Margaret, the wife of Horace Bulkley, five dollars, as and for her full and entire portion of his estate, he having already advanced and paid on account of her and her family a much larger sum than the portions of any of the other of his children would amount…
1Opinion of the Court
After advisement, the following opinion was delivered :
By the Chief Justice.
The appeal in this case is limited to three questions, passed upon, among many others, by the Chancellor, in giving a construction to the will of Mr. Clendining, on behalf of the administrator : Thefirst in respect to the clause in which the testator directs that all his real and personal estate, (after payment of his debts and funeral charges,) shall be converted into money for the purpose of investment and distribution. This was held to be valid as a power, under the Revised Statutes. The second, in respect to the…
2Cited by13 opinions
- Savage v. . BurnhamNew York Court of Appeals · 1858
- Harrison v. . HarrisonNew York Court of Appeals · 1867
- Mason v. JonesNew York Supreme Court · 1848
- Obecny v. GoetzAppellate Division of the Supreme Court of the State of New York · 1907
- Burrill v. SheilNew York Supreme Court · 1848
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