New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-05-02
gURRoGATE's CoURT-MAy 2s.-Before The Hon. A.
BRADFORD.
THE RIGHTS AND DUTIES OF EXECUTORS.

Parsons art Lyman.
The following are the points in a decision made by
The testo doced IN the State Of Connecticut at the
Issued there and subsequently probate was granted
and letters were issued in the County Of New iS!k 49,
nlates the grant Of administration An executor or odninIs-
tor BY virtue Of his appointment in one tae or county de
rved authority the goods OF the deceased IN another
county he obtn jurat in the jurisdiction
where such roods al situated.
executor having collected In this before
lett issued and having subsequently qualified
h bound for such collections to the Court
by which he was sppon.edth letters relating back for
p1rps,e 10 the time . the tesators death.
according the Ter rel site yet the distribution Of the
and the Interpretation Of the will regulated by the Ter do
.estaor domced at the time Of his deceae in the State
..eeSor seT eeeetips the estate in New Yrb spnes 70
the Surrogate by whom ne had been appointed for final
The Surrogate held that the proceeding would post
poned after the gstees had approved and claimed final
Element order enable the procure nterpre
tsOn OF the will al the place Of domc by in
suted there subsequent TO the application for final
Surrogate to look into the VIII stPet anS dreot
scc1rdng to ne tenor and effect OF its premises
when made in conformity TO the r loci will protect the
Ia chasing what sometimes termed anclary admnsra-
ton the rights Of creditors iegateeand distributes resident
forced and the residm will not generally Be transmitted
the representatives abroad until the final has been
settled with due regard the claims Of parties intervening
for the retention and distribution Of their shares
os s.eT nak AZ provision tor ms wife payable
sole and benefit Of his children shares directed
maintenance out Of their respective portions and payment Of
the shsres after majority in biennial with gift
Issue in Of death before Judgment Of the shares and
default OF Issue 20 the survivors.
The Surrogate held that the egatees took the estaors
death absolute vested interest in their respective portions
tenants that the provision in regard payment
and the requests related only the c0pue principal
the estate and not TO the income and that the
titled absolutely TO the profits and income Of their
the time of the testatoTs death.
Vested estates BE- Invested only upon the happening the
precise contingency and the precise for that purpose
speched W the VIII Inc primary st ct the tesstors whole
estate interest remains in the benefciaIe IN every
upon which n is not Invested clear absolute gift will
BE- Invested upon reasoning merely conjectural
Implication in order 10 effect vary vested rights be
necessary and not merely probable.
prior demise will not be disturbed further than ia absolutely
give effect to the posteor qualifying disposition
The rules in regard the vestng Parliamentary requests
not varied by Of the intervention Of trust unless
that there is stronger implication in favor vcstng where
there trust than where there When there is
tsnty to the vstng of the legacy provision for mante
nance and support helps the vesting.
II egsces OF residue the vested income is due matter
right 10 the Of the Resduary dispositions
particularly favored not only in r.sd TO veng but also In
respect to the title Of the egatee the profits fruit Of the
fund accrung before the time of payment or IN the c9nsc
tlon Of will is general of interp that the
term snare is limited TO the original portion sw particular
expressions attend their meaning