Graves v. . Waterman
New York Court of Appeals
This was an action in the nature of a bill of interpleader. Plaintiff is the surviving executor of Chandler Root, deceased. Said Root died in 1854, leaving a last will and testament by which, after certain bequests and legacies, he devised and bequeathed the residue of his property to his five children, the whole to be kept invested until- the youngest child living arrived at the age of twenty-five.
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This was an action in the nature of a bill of interpleader. Plaintiff is the surviving executor of Chandler Root, deceased. Said Root died in 1854, leaving a last will and testament by which, after certain bequests and legacies, he devised and bequeathed the residue of his property to his five children, the whole to be kept invested until- the youngest child living arrived at the age of twenty-five. By the will, Mary 0. Root, wife of the testator, was appointed executrix, and she qualified as such. Erastus 0. Root, one of the children of the testator, became of age in 1857. He lived with his…
1Opinion of the Court
Folger, J.,
reads for reversal of so much of the judgment of General Term as gives judgment absolute for defendant Waterman, and for granting a new trial.
All concur.
Judgment accordingly.
2Cited by3 opinions
- McQuaide v. . PerotNew York Court of Appeals · 1918
- Ferris v. FerrisNew York Supreme Court · 1898
- People v. Open Board of Stock Brokers' Building Co.New York Supreme Court · 1882