New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-08-26

nearly fofty yeen had eobunuSo 70 va nc SUI ~
nation eeens to have assumed ID ~ q settled fact
hat the plaintiff although cer's My not too old TO
charge, ntrer would marry. Fo. while he carefully
provides for the widow and then living OF the
plaintiff deceased brother, Re makes slusion TO
any possible wife, widow, o' children Of the paintih
himsef an omission still ore significant when viewed
in connection with the fol- owing language: Filthy,
"in regard to my SOD Douglass Forsyth, l desire
TO make ample proyI ION for his support out OF my
" estate. do ihereb'y give my son Douglass yeaIy
the sum Of 5000 ariDg his natural life, aud d.
" rect my executor to pay said SUN yearly 10 Sun
"tey pay Depts, slc., and desire that my son DoS
lass shall live nth my said wife, and be member
Of her family ~ long as she sha continue mousse
"keeping." ct,
The plaintiff. although still bachelor, and without
sverring the Brightest probability, or even n.en,
shown 70 RS oeoeased brothers children who "el.
actually s,rn and in being and for that reason uu'
not on tbct ground, seeks TO defeat MS "a oel
usentary intentions. He relies Tor suec ,sn.rsl
posed undue suspe nsion In regard 10 'Ae s
fund IF the power OF alienation. I'D vn
Personal property It il conceded may De uea tP
by viii for two existing lves, and Its income LOT I"o
or more existing Inonhes pa,i IN The hand. Of
trnsee for the benefit Of bis married daughter durng
her life and Of her husband after her DEATH Win az
recfous on the death Of both to transfer the secures
~ snch NJ their children as may then be hvtng-a con
t;roency which as 1t cannot be determined TIL bo'n
are dead necessarily leaves the ownership uncerttu'
ard of course the power Of absolute disposIfion su
pended during then two lives or IN case ., ,o
child otherwise well provided for he may drec, t3a'
the income given TO him shall be accumuated icT ms
benefit: liz other words, that neither he nor MS guar
dian for him shall spend it, or have the power OF 90
ing so till he arrives OF age But oil a'te,np's sy s
tators except in instance OF real estate 10 ehe,
else most. IporteEn control their worldly goods
beyond tho.e limits, ere Illegal and void And the
question s does fhe will before US sin in this paruc'
Rns.el Forsyth, the father, died in Albany on the
ostL October 1916 possessed OF an estate mainly
persopal valued at half million of dollars, and leav-
M already sa wJS~ s6 S9f s spD chsn of
,oD ell minors. .... 10 HE Al.
execution OF the nsenenthe only point presented
to his intentions and their alleged Inconsistency With the
leading object Of the ss,soI sPpess to hay: 9sfP to
provide % saw . deeeaed SON. and subject
cbas. OF snntes the whole estate to the srandch
bis only surviving son itself would be clearly valid
1t howeyer on Ri: part ne nee e Srsted
IN the (esnps i4h section of the surplus income TI
the benefit Of al the na i1e for that es
void and ,eeoneg that the disposition IN the ,n
.n Of III. whole redusry estate including the supposed
iegs accumulation bind up the residue and render
other grandchildren who may be born and die In the
"mesn time" and for that reason Is illegal and void
tons They can be directed the benefit more mi
but the minors be IN Ssns s s es the 81
prston Of their minority" S 72574) In the present
.r fund and that general fund subject the snnues
sfterwsrd given "tO Ell 1.-THE teststorl srandchden
the sstue to be made for the benefit Of muo
% to ssI
however would Of course not be minors in being 81 the tesla
iStor did no. Contemplate any than the then
born children Of his William" whose death he amented
1.-THE appor education and siDensnce whose four .uv
"ns children he expressed himself 50 de d q maxim. Ho
position Of the n.tIume. and the name named of G1e a Of
f5:% Ss s .nd knew . must
to ns p that S
forty would children and that the children Of hi.
Of their surviving uncle well their deceased father aud
.nssssI T. oSvd4 the T The Pisf; of Of y a
ceased Wilam"o be divided equally as DISTINGUISHED
tended not only that they alone We're to be the objects hi.
bounty but that they were to be so equally share and share
law would require the Court to give the iansqise
probation which would render the provision valid aud not void
sumption, e'eed 70 at Al in favor of iRnoeence T.
Be We
that the e the @ o
Of the four children Of William actually mentioned and in
ssms int bns Sstpn from the Youngest child Of
my son William "ee sl2)-the time of whore attaining
division .I an and Who in The win wa. indscrmn.tey called the
youngest Of williams children aud 1.-THE youngest Of my 'Ha
by the 18th section OF his will, the
testor give, the whole fund.- Of his estate the four
grandchildren mentioned" BY him In the viii and described
the children Of his deceased son William subject to threean
Duities Of 5000, 5000 and VOo - az. II,
That this devise rested aoso1eIy, IN a S
on the day OF the 'e.tsot ase.n sd .S
with H. as ihoosht 70 the capita On -. h. ra5 ~ the
whoie surplus income ~ ~ 10 ttS.,, 20, tbs
gutfosns 0i the MINORS abo W NC accuua'eu " 'A " WV
That The eject Of the csdic expressly directing accunu
merely substitute in this respect the executor for
The guardian and to continue older grandchildren the
their income until the youngest should arrive
a the age Of tweny.one years"
That the statute allows accumulation for the benefit Of