Morris v. Kent
New York Court of Chancery
Gouverneur Morris, by his will bearing date the twenty sixth day of October,-one thousand eight hundred and sixteen, appointed his widow, the complainant, Mrs. Ann C. Morris, executrix and the defendant an executor; and accompanied w£tfa a bequest to the latter in these words :—“hereby giving my said executor ten thousand dollars for his care and trouble in executing that office.”
Read the full summary
Gouverneur Morris, by his will bearing date the twenty sixth day of October,-one thousand eight hundred and sixteen, appointed his widow, the complainant, Mrs. Ann C. Morris, executrix and the defendant an executor; and accompanied w£tfa a bequest to the latter in these words :—“hereby giving my said executor ten thousand dollars for his care and trouble in executing that office.” Two days afterwards he made a codicil, by which he empowered the executor and executrix to borrow money upon mortgage of the whole or any part of the real estate, in order to pay debts, contract for the sale of…
1Opinion of the Court
The Vice-Chancellor:
The legacy is given to the defendant in his character of executor: it being expressly intended as a satisfaction for his care and trouble in executing the office. It is, therefore, a conditional legacy; and, according to the well-established rule in such cases, the defendant would not be entitled to claim payment without clo*178thing himself with the character of executor or, in . other words, without accepting the office and undertaking to discharge its duties, This, the defendant has done; but not without hesitation, besides the delay of more than a year and even a refusal,…
2Cited by6 opinions
- Kirkland v. NarramoreMassachusetts Supreme Judicial Court · 1870
- Ream v. BowersCourt of Appeals for the Second Circuit · 1927
- Merriam v. United StatesCourt of Appeals for the Second Circuit · 1922
- Murray v. CommissionerUnited States Board of Tax Appeals · 1938
- Scofield v. St. JohnNew York Supreme Court · 1882
1 more not listed; retrieve them via the Exa API.