Roosevelt v. Roosevelt
New York Supreme Court
Appeals from a judgment, entered upon the trial of this action by the court without a jury. James I. Roosevelt died on the 5th day of April, 1875, leaving a last will and testament, bearing date the 18th day of September, 1871, and thereby appointed John Q. Jones and the defendants, James A. Roosevelt and Theodore Roosevelt,'executors and trustees under the said will.
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Appeals from a judgment, entered upon the trial of this action by the court without a jury. James I. Roosevelt died on the 5th day of April, 1875, leaving a last will and testament, bearing date the 18th day of September, 1871, and thereby appointed John Q. Jones and the defendants, James A. Roosevelt and Theodore Roosevelt,'executors and trustees under the said will. The defendants James A. Roosevelt and Theodore Roosevelt qualified as executors and trustees, and are engaged in the performance of their duties. John Q. Jones has not qualified, and refuses so to do. The plaintiffs, children of…
1Opinion of the Court
Daniels, J.:
By the present controversy, two portions only of the testator’s will have been drawn in question. The first contained the disposition which he designed to make of his personal estate, and the provisions relating to that which are material to be considered, are all contained in the fifth subdivision of the will. These provisions are as follows:
“Fifth. All my personal estate, not otherwise effectually disposed of, I give to my executors, or such of them as may qualify, and the survivors and the survivor of them, in trust, to divide the same into as many shares of equal value as I…
2Cases cited6 opinions
- Parsons v. . LymanNew York Court of Appeals · 1859
- Graff v. . BonnettNew York Court of Appeals · 1865
- Campbell v. . FosterNew York Court of Appeals · 1866
- Bramhall v. . FerrisNew York Court of Appeals · 1856
- Kane v. GottCourt for the Trial of Impeachments and Correction of Errors · 1840
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