Schoonmaker v. Van Wyck
New York Supreme Court
CASE submitted for the opinion of the court, as to the disposition to be made of a fund realized by executors from the sale of real estate. The rights of the several parties claiming an interest in the fund depended upon the construction of the will of the late Elizabeth Van Wyck, deceased.
1Opinion of the Court
By the Court, Brown, J.
The real and personal estate of the testatrix Elizabeth Van Wyck were to be converted into money by her executors, and after the payment of debts, funeral expenses and expenses of administration, the proceeds are by the will disposed of as follows : One third part thereof is given to Elizabeth, wife of the plaintiff Marius Schoonmaker. One third part is given to the executor, Marius Schoonmaker, in trust for Sarah D. wife of Cornelius Van Santvoord, and her children. The remaining third part is directed to be put at interest on bond and mortgage, by her executors, on…
2Cited by6 opinions
- Lockman v. . ReillyNew York Court of Appeals · 1884
- Petrie v. BadenochMichigan Supreme Court · 1894
- Duane v. PaigeNew York Supreme Court · 1894
- McCarty v. DownesAppellate Division of the Supreme Court of the State of New York · 1914
- Jewett v. SchmidtNew York Supreme Court · 1904
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