The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-17
The WN - he Late Dominate -
supnRuy CovRT--ssHssnxAL rsHA

"a. !. -h.x Nh. ara The shldreu q lhe NE Henry
.,.h Iss "a n recover one sixth e asnuy fsnA,
sn.,,ps Of certain laads At Rome, M The ase y New
ysrt i which. Z, under De WIN q fhsif sraad'a.hsr
Dominic ypch they became entitled upon the death
tho apuu,tap,. Mrs. L. nch, N 1870 The PLAINTIFF claim
ba, Frederick Dc Peysser shssurvving trustee tras
tee FER their benefit Of 0ucsi1th q This fund The %
fendans Louisa L. nch D. hy nch lawrence, and the Ave
children Of Dominic Lynch Jun claim that the land
elusvely bcrs that Frederick Dc Poysser trustee
fur them aloo. Dominic lynch, by his will wbirh
made IN 1929 and took effect by biz death IN 1925, be-
sueabed all estate, real and personal bis three
ecu.ors-Jsne, his wife, Dominic, his son, and Peter
Jay Fret raise 500 ooO annuity fund for biz
widow. This Is The mrs, item IN the will He then dress
that aer the investment, of 100000 shall BIO made the
residue Of his estate bo divided eight par and gives
eighth 10 each child and their heirs, naming them.
This the second em and dsses of all that he di
vded before the death Of hts WIFE desigDat
residue which may he divided The estator then proceeds
to sayAcr the death Of my said wife, direct
eighth part Of the sad s60o 0o and accommodations be DIS
posed of among such children my wife shall by VII
appoint and the other give therso
70 each Of my above named seven chdren and n either
of them shall die before my said wife, leaving child
children who shall survive her. then give the part Of the
deceased such child children. Having thus directed
In what manner his estate should be divided among his
children, viz part designated by residue before the
death Of his wife, part subsequent 10 her death, de-
sienated 100000 and acumsation; tes,ator pro-
Ceeded 10 cay thai TO raise such a sacri
Hce may be necessary. IT, therefore, my wife willing
accept, during e, Of parts OF my
that may be productive, instead Of the annuity such
rangenebi may be made, and may be hnefcia the
RESIDUE II the estate may be divided as above directed
Henry Lynch the children entitled eighth
the resume before Mrs. pcbs deph, and nth Of
the annuity fund after her d.ah n he survivor her. died
IN 1916, leaving the pianti his sx children him sur
yving rho claimed that on the death of Mrs Iyp d. thew
became entitled TO rxh o the $40 600 and the
nuiacns one sixh Instead If eighth by Of
the oeah Of Alexander without chdren and the death Of
Mos. Lynch without any appointment But isstead Of
making the inve ime of 500 600, the tsats children,
Luisa, James Dominic the executor, &c in 1929 died
bill In CbnIcery for the division Of the tesiaors estae
they fet forth in their hilI the will with. entire
accuracy, excep. that they 'mued tina. clause
my wife, leaving child children who th II survive
til, m, give the part of The deceased child
chiIdren" il referred the defen liant, Frederick
he Re, s,er then Master IN Chsneery proofs
report that he reported agreement for the disn Of
the estate, signed ny al paras and that such division
was the NIL advantageous 70 all parties, and that there
upon decree ~s- obtained by which The Sxcutors
directed 80 convey cer'sin Of the tesstor's
TO Edward portion to Alexander their portion of tn
Whole estate n shh The, were ep'ted before and after
The death of Mrs. Lynch
And the executors drected convey ths
Rou tie mot valuable part Of the testaors tate, and
likely 10 he situate the village Of Rome edercR
d, Pystcr ami Jane ncb as rusters cha goabe vii this
annuity, AID thur chaI goabe henng tO louisa Jane,
Laurence and the Children o i"minic their several
,hsrcs Of the estate
make any agreement for The division OF sny part Of he
esate except the residue, before MrS. Lyuchs death,
proved that at the time of this agreement he aat no in
terest shateyer In his ailIcrs estate; that the United
states having judgment Ia the OF ~ 1000
him. be had assigned all b Interest therein 10 John hoe,
for the United States, under the insolveni laws could
give valid To DIVISION The plaintiffs claim
that the deen iant having by their arrange
Authorized By the ~, by which the land
the annuity fund.- The plaintiffs entitled 10 sixh OF
the same, that Dc Pcyster u trustee Of the annuity
fund liable TO ,hen Cor ,ne sixth CT 500 oo, with the
arcumuaoDs, to he adjusted In accordance with equity.
Tncy further proved BY testimony taken by r.fe-os,
the Rome estate winch the .ofcpduas claim their
property, worth upwards &c s5 that Of the
rent. OF this Mr.. Lynch. the ~idox paid
nuify of 50 otV that the share OF land alued
$so; that he entitled eighth III the residue
OF the state IA fee after the $1ov separated from u;
that he dica IN ls46 prior To the death Of the wido who
Amongst other poirfs for the planuns h cootsnded
that under tie ~niof Douaic Lynch the children Of the
resp cuve children ~ the iestor contingent lutte
In the share Ut ner parent In the fund OF s6n 0 10
he set apart 20 ais the snnry III 3d. 0U for Tue willow
spd the SUPPLIES sccamuae ed beyon tho annuity Of the
wdow: arc In the eighth OF said find gwen 70 the
said widow, and di-p ed Of by her uner the
Which vested Va them absolutely 10 the arent
died IN the hi'ime al she willow such limitation WAS
valid spd by law. The part es nte cited could
the will, make arrangement WITH the widoy (shc
being wiing ~ dO) hcf TO acCeif during nor o
certain productive pa q the real directly instead
~ raising Of the real etae the personal faad OF
sfoOOo Tho property thas substituted, mnsi, unfcr
sorud roton OF the will. be subect 10 the Same
limitation the proposed fund under the will subject
10 and the P,andchi dreD took the rhts therein
1he only rieh, The pr,ics had
certain pis Of the orr real estae, ~hch thsu
ptcducvt t~ad o. he arpuiy aud the residue of the
tsue should ,h.n BE- diy cd a. the redue 70 have
been divk Cd In The sum e $4,000 bad been set aside
for an RtrniS. fhr e'rsn,enebt ~hch midc
Tot authorized by the viii Tue parties, as stated In the
iii, mnay set apart real estate IN Vrrer ~ the
~iuoah pInuty dec ibed tn the b aud made the ne
subi 10 sad annuity, whch carIied ols 10 the
chHnc,ry suit, aud decree eerned n the h; nut they
embed to nrc 10 the ohdrer o. II ury iynch th"r
contingent right IN their hnrc of the real estate Converted
int the fund ~ $40 COO suoh grandohrcn not bound,
pot HAVING been maze parties. the PLAINTIFF en-.
uihs 80 epe sxth ~ the whole ~ the rod .rae:
and they entitled N the land Instead Of the money be
e1use the xido~ ~as wiling 10 accept aOl dd acecp,
the sane and MAS Tor the general Interest Ut ,he ssi
tni real property should he set apart TO- her aD0
n-tvad 81 she ot the into Ieraonal fund,
the defendaus by Their act end psoeeaz-, hsvtng PIE
vented the nve~mcnt iheicd into u"uey, and aseucd 70
that arrangement Tue Tsres h. bsi -tlpaixton hal
re substitute pIotuctvs real estate nstc N 81 cOu 'ort
ing iaso tbe iersous fund they cod not deprive ,nc
traldchafen OF their contingent rht' therein aud thee
rights fl cxisi IN the land A&sunog the arnt Of the
gransci aren ,essav yet srran, entered
Toto 10 the erin the Gvi-un of the Ia ISL Il void
b,cause made witt the Of all ares Interested
ne "A, er,ed in the will The baud cot suart with all ia 10
ERASED value blcct the limitations and dspoitoos
favor ct the chdrrn "a Henry tynch ana u had de-
Ifccaicd In value they must have borne tle loss.
Y
die IN June, w. having s. dated 18th jny 1st5,
and having hn surviving he ~ii.w, Jane lyreh, snd
s.vcD chiarsn NAMED IN hi' all, all AZ full ~ his
sil The siaoT among cthur thing, "a hs .ife
aunlnv ~ sJtOF, I'D D aud dr,crd hrs sxecutnr- 10
rsse OF his eia'e the - $50 90 W invest The
s.n,c and or interest and come thereof 10 pay
such annuity lie sa,s, Ia 81 ecnng such Investment "
soO.tte his Intention was 20 pos, de beyond the sNsi
b, ~ ACCIDENT. tor tho pnnca snent q the annuity
us widow ring her be ana hcog aware that Ia order
10 Iaso such 81 Uuoc, sacuce souli be ncccs'y,
nv Srer ed .t 70 ca Ls Vio should be willing 10 40
III rsu.l
csato Instead II the tnnuiy such srragcm mt might
be- made ana The residue cf his tate should then he d.
ykied bet n any Or dirposon of bis pro
.Ity fho,d bc maize difer,ni fr'T that above mention
a. ah0ad 10 By tho consent Of al cartles intries cd
III siaOr oicd sesed Of la-g. real e-taie, situate W
one 'da souuty and other part, q the State, mot Of which
was urtFoductve, and owing considerable mOucy. Ine
viii proved ahd leusrs teancuary granted 10 his
widow dane fyi ph and Peter Jas, tsl In Jolly, ISIS.
The Chi being anxious t'hayc dyi ton u The ~ ne,
aud the txrcGcT being unsh s n,aSs the Sth ni
Hfst Ing abe q 5000 -hicb would cause O.
sachA,e uf the estate and tho consent AL the part