Gott v. Cook
New York Court of Chancery
The original bill in this cause was filed by the executors and trustees of the will of W. Cook, deceased, against his heirs and next of kin, and the legatees named in his will, for the purpose of settling the construction of the will and to have the trust thereof, if valid, carried into effect under the direction of this court.
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The original bill in this cause was filed by the executors and trustees of the will of W. Cook, deceased, against his heirs and next of kin, and the legatees named in his will, for the purpose of settling the construction of the will and to have the trust thereof, if valid, carried into effect under the direction of this court. Kane, the husband of one of the heirs and legatees of the testator, and his wife by her next friend, subsequently filed a cross bill, against the executors and trustees, for the purpose of obtaining a decree declaring various trusts and provisions in the will void, and…
1Opinion of the Court
The Chancellor.
It is conceded by the counsel for all parties in this case, that the executors, as trustees, took no estate or interest whatever in the house and lot on Pearl-street or in the .Middlefield farm ; but that the whole beneficial interests devised, so far as the devise was legal, passed directly to the ecstuis que trust, as legal estates, under the provisions of the forty-seventh section of the article of the revised statutes relative to uses and trusts. (1 R. S. 727.) It is only necessary, therefore, to examine the provisions of this will in relation to the other property of the…
2Cases cited1 opinion
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
3Cited by53 opinions
- Savage v. . BurnhamNew York Court of Appeals · 1858
- Cochrane v. . SchellNew York Court of Appeals · 1894
- Post v. . HoverNew York Court of Appeals · 1865
- Beardsley v. . HotchkissNew York Court of Appeals · 1884
- Graff v. . BonnettNew York Court of Appeals · 1865
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