Fowler v. Depau
New York Supreme Court
APPEAL from a decree made at a special term. The action was brought hy Theodosius 0. Fowler and Mortimer Livingston, individually and with their wives, and also as sole surviving executors of the last will and testament of Francis Depau of the city of Few York, deceased, for a construction of said will; to have their accounts as executors and trustees since January 31, 1854, passed; for a partition and division of the estate among the parties entitled thereto; and for the…
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APPEAL from a decree made at a special term. The action was brought hy Theodosius 0. Fowler and Mortimer Livingston, individually and with their wives, and also as sole surviving executors of the last will and testament of Francis Depau of the city of Few York, deceased, for a construction of said will; to have their accounts as executors and trustees since January 31, 1854, passed; for a partition and division of the estate among the parties entitled thereto; and for the appointment of separate trustees, for the several shares. The testator died on the 13th day of January, 1836, having duly…
1Opinion of the Court
By the Court, Mitchell, P. J.
Francis Depau in the year 1833 made his will, and died in 1836. He left two sons *232(Francis and Lewis A.) and five daughters. The testator gave to each of the sons an annuity so long as he should remain unmarried. At the date of the will both of the sons were unmarried, but Lewis A. married before the death of the testator, and Francis A. after the testator’s death. The testator gave Ms residuary real and personal estate to Ms five daughters for life, and then over as hereafter mentioned; but provided that if either or both of his sons should many, he or they and Ms…
2Cited by12 opinions
- Hobson v. . HaleNew York Court of Appeals · 1884
- Church v. WilsonAppellate Division of the Supreme Court of the State of New York · 1912
- Springfield Safe Deposit & Trust Co. v. IrelandMassachusetts Supreme Judicial Court · 1929
- In re the Estate of DeilenNew York Surrogate's Court · 1935
- Clark v. HornthalMississippi Supreme Court · 1872
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