Verplank v. Caines
New York Court of Chancery
THE bill stated, that Gulian Verplank was seized, at the time of his death, of real estate in the counties of Delaware, Sullivan, and Dutchess $ that, on the 16th of October, 1792, V. made a will, devising all his real and personal estate to his wife, (now the wife of Caines,) for life, and after her death, to such of his children as should be then living; and appointed his wife executrix, and John Johnston, and Francis TJpton, executors of his will, with power to them, or…
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THE bill stated, that Gulian Verplank was seized, at the time of his death, of real estate in the counties of Delaware, Sullivan, and Dutchess $ that, on the 16th of October, 1792, V. made a will, devising all his real and personal estate to his wife, (now the wife of Caines,) for life, and after her death, to such of his children as should be then living; and appointed his wife executrix, and John Johnston, and Francis TJpton, executors of his will, with power to them, or any two of them, to sell any part of the said real estate which they might think proper. The testator died in November,…
1Opinion of the Court
The Chancellor.
The defendants are not bound to account for, or,' perhaps, to disclose the amount of interest which has been received by them, as the plaintiffs have no right to the same. The interest belongs exclusively to the defendants, under the will of the former husband of Cornelia Caines, aad is a substitute for the rents and profits of the lands sold. But the defendants admit, in their answer, that they have received part of the principal due on the sales of the real estate of the testator, and for this they are accountable ; and it may form ground for the interference of the court in…
2Cited by11 opinions
- Barnard v. LeeMassachusetts Supreme Judicial Court · 1867
- Farmers' Loan & Trust Co. v. Kansas City, W. & N. W. R.U.S. Circuit Court for the District of Kansas · 1892
- Dennison Mfg. Co. v. Thomas Mfg. Co.U.S. Circuit Court for the District of Delaware · 1899
- Brinkman v. RitzingerIndiana Supreme Court · 1882
- McGeorge v. Big Stone Gap Imp. Co.U.S. Circuit Court for the District of Western Virginia · 1893
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