Legal Opinion

In re Livingston

New York Court of Chancery

Decided March 1, 1842PublishedCited by 12 opinions

This was an application by N. G. Kortright the surviving committee of the person and estate of his mother, Mrs. C. Livingston, a lunatic, for leave to invest a part of her personal estate in buildings or other improvements on her unproductive real estate ; and for an allowance by way of salary for the care and management of the estate.

1Opinion of the Court

The Chancellor.

There is no difficulty in granting so much of the prayer of the petition as asks for permission to apply the surplus income of the lunatic’s property to the improvement of the unproductive real estate. The committee may also be authorized to apply a reasonable portion of the capital of the personal estate, to the extent of twenty or twenty-five thousand dollars, if he shall deem it expedient to do so, in building upon such of the vacant lots as are so situated as to produce an immediate and fair income from such improvements.

But I do not consider this court as authorized to…

2Cited by12 opinions

  1. Kent v. WestAppellate Division of the Supreme Court of the State of New York · 1898
  2. In re ColahNew York Court of Common Pleas · 1871
  3. Magee v. CowperthwaiteSupreme Court of Alabama · 1847
  4. Glover v. HolleyNew York Surrogate's Court · 1853
  5. Fehrle v. TurnerIndiana Supreme Court · 1881

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