Bascom v. . Albertson
New York Court of Appeals
The appeal is from a judgment affirming the decree of the surrogate of the county of Hew York, made July 3d, 1860, on the final accounting of Lewis B. Brown, executor of the will of David Hiehols, deceased.
Read the full summary
The appeal is from a judgment affirming the decree of the surrogate of the county of Hew York, made July 3d, 1860, on the final accounting of Lewis B. Brown, executor of the will of David Hiehols, deceased. The appellants are William F. Bascom- and four others, residents of Addison county, in the State of Vermont, claiming to be trustees appointed by an order of the Supreme Court of Vermont,'made at a -term held on the first Tuesday of January, 1860 (four of the six judges being present), upon - filing a copy - of the will; and also claiming to be trustees under a written memorandum of…
1Opinion of the CourtPoster, J.
The testator was a resident of this State at the time of his decease, and the validity of his bequests must be determined under our laws. The record raises no question as to their validity in. another jurisdiction; and if it had been shown as matter of fact, that the laws of Vermont in this respect differ from our own, the proof would have been unavailing. The estate consisted exclusively of personal assets here; and the legacies in question were payable to such persons, then unknown, as might be appointed in that State after his death, to act as- trustees in establishing and managing at…
2Cases cited10 opinions
- Trustees of the Philadelphia Baptist Ass'n v. Hart's ExecutorsSupreme Court of the United States · 1819
- Phelps' v. . PondNew York Court of Appeals · 1861
- Downing v. . MarshallNew York Court of Appeals · 1861
- Owens v. . the Missionary Society of the M.E. ChurchNew York Court of Appeals · 1856
- Wood v. WoodNew York Court of Chancery · 1836
5 more not listed; retrieve them via the Exa API.
3Cited by84 opinions
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
- Carrier v. . CarrierNew York Court of Appeals · 1919
- Estate of HinckleyCalifornia Supreme Court · 1881
- Allen v. . StevensNew York Court of Appeals · 1899
- White v. . HowardNew York Court of Appeals · 1871
79 more not listed; retrieve them via the Exa API.