Irving v. De Kay
New York Court of Chancery
The original bill in this cause was filed in February, 1840, by the executors and executrix of H. Eckford, deceased, to obtain a construction of the will of the decedent, and the direction of the court as to the manner in which the complainants were to execute their trust in relation to the distribution of his estate among his devisees and legatees.
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The original bill in this cause was filed in February, 1840, by the executors and executrix of H. Eckford, deceased, to obtain a construction of the will of the decedent, and the direction of the court as to the manner in which the complainants were to execute their trust in relation to the distribution of his estate among his devisees and legatees. And his heirs and next of kin, except one of the sons who had conveyed all his interest in the estate to his mother, the executrix, were made parties to the suit. Mrs. Eckford having afterwards died, the proceedings were continued by a bill of…
1Opinion of the Court
The Chancellor.
The first objection of G. C. DeKay and wife to the validity of the will is, that it suspends the power of alienation of the estate for a longer time than is authorized by the revised statutes. There is no question as to the validity of the bequests of the annuity to the *527mother of the testator, and of the income of the $5000 to Mrs. B. for life and of the principal to her daughter ; as the will directs that part of the fund to be carved out of the estate and invested separately as soon as convenient after his death. It is true he contemplates the investment of the principal,…
2Cases cited1 opinion
- Darling v. Rogers & SagoryCourt for the Trial of Impeachments and Correction of Errors · 1839
3Cited by33 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Downing v. . MarshallNew York Court of Appeals · 1867
- Arthur v. ArthurNew York Supreme Court · 1850
- Yates v. YatesNew York Supreme Court · 1850
- Belmont v. . O'BrienNew York Court of Appeals · 1855
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