Cairns v. Chaubert
New York Court of Chancery
This was an appeal from the sentence and decree of the surrogate of the city and county of New-York, upon the final settlement of the accounts of Mrs. Chaubert, as executrix of the will of her husband, G. Rapelje deceased. The testator died on the 5th of May, 1835, seized and possessed of a large personal estate.
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This was an appeal from the sentence and decree of the surrogate of the city and county of New-York, upon the final settlement of the accounts of Mrs. Chaubert, as executrix of the will of her husband, G. Rapelje deceased. The testator died on the 5th of May, 1835, seized and possessed of a large personal estate. By his will, executed in 1832, he devised and bequeathed the rents of his real estate and the income of his personal property, after payment of his debts, to his widow for life$ in lieu of dower in his real estate. After her death he gave a legacy of $7000 to the children of her…
1Opinion of the Court
The Chancellor.
The counsel for both parties in this case appear to have acted upon the supposition that Mrs. Chaubért was entitled to the whole income of the bridge property ; in the same manner as if the testator had made a specific bequest of the rents and tolls of this particular portion of his property to her for life, with remainder to others for the residue of the term for which the franchise of taking tolls was to continue; unconnected with the general residuary bequest of all his property to her for life, after payment of debts, with remainders therein to others after her death. Upon…
2Cited by25 opinions
- Gaede v. CarrollSupreme Court of New Jersey · 1933
- Frankel v. Farmers' Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1912
- In re the Judicial Settlement of the Account of the First Trust & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1924
- Guaranty Trust Co. v. HalstedNew York Court of Appeals · 1927
- In re the Estate of GoldingNew York Surrogate's Court · 1924
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