New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-01-11

uu'fd STATE. Or o. ne 's o srs fC,s $40 from -ee rt
iss ierd sh; produce .asai 70 "a, he a.
euuus'e dlIng the an. b. fe. Ansr N arsh Il
b. wife he eicy. that Sneeishih par q 9s seos
yoi,m ~ 20 sd srorg he etIlI'n 40 gsna h4e. Sa
ret. as 10 Ii o,Ses eighth paris q sad fund
The cher se,en r'b i~its Il aid i'nd Afert the dcsA
a. nd In CO ri,her Il Ii. Children .ho0t thsn 3, acsi
s s, the child children Of 'aeh child = take ,be sharo
d'cd leaving children thea h. Aa'. . b e,iat
an, n5 he siv ss s sD no. s. 81 .''' o. any
HeeWe ths' the tesso ssI .sSr,ins e. rs VII, y 10
81 scseEs 20 support which ho demed adequate hu asat
c, Of ud s,ude the children who might o nv
6 fnnd would sdequse for his wife for her ma
Amer tia, fs, 4, he q HI, heri asd hen 1tod ne isnas
or the children such should have deesed We csnn A.A
S CSl n .s os no 9r IL 1 mTd .Sd we Scc a.
b. intention, and the language used By bin we dit
In niini VIA, We think sppNn, from dis w Tia, tie
. mad Of e Po,os al his sSen IN, md s s
amy fei '' :, 'as a pt retain for Ai supp" "a Ic
them Ab.g'ey the tesaiOr deemed their
~ 81 Il ''a 1 sSSq Of M hi s;s,s tbs, this "a ~:
the duty q h' Court TO syeto h.intentiOOs ~hn sAsd
lpoi,on 10 %sSr an for oher. snd i.t our wIos lasS
dscbs,sd in carrying OUT fairy and truly the ltuAs- saa
Asning therefore. that this view and ths. THE
Td bad snd The directions o. the testsor in this
re, ard piled wh ho would the h Of parties TO this sun
have upou The deat Of Mrs. Jsse respect heo.
BY AeNAnder Lynch having
IyTc6 having died each leaving is.e this land Win
which he Plaintiffs. children Of Henry Lynch Would hssS
been entitled TO another 'Nih part the cmdren OF -
smother sixth part Louisa Lynch 70 another sixth part and Door
nck Lynch Lawrence in the night Of BIS mother TO another ss
By he Revised Statue. IL reference powers provided
by Section 6 Rev Stat, 1877 that lands embraced ia Po~e.
90 devise bll pas hy vii purPtius 70 convoy ~ TIC tt
property the uae. the iuen. that tho will shall not
operate exec Of The Pow. shall appear eNPessy
.ccssar implication. r~Tu.el Of the viii Of Jane Lynh
GE SPsGp So S h S. 'f . n SS " =.
execution power appointment vested IN her TO one
s S.T % can a. p pyaon n"cc.s. derived c% the
should not operate execution Of the powc II must the.
oe that the deyee Of Jane Lynch took An Eighth
S fmns seyceahth parts are to divided equal
ra,' which tn. Plaintiffs an entitled S an essS
other eaus part share James Lynch another equal part
share Ed y 10 TO aSisSf s pa Which Se & b.
virtue of the execution Of the power Of ~ nss
renee in right his mother 10 ano'hc equal part or shsr.
We conc the consideration OF the question whthes
these provision. the will attach aud applicable IL qults
clear that the Original design of the e'o 70 Convert sSsas
not carried II any fund or the production oil the shn
stead Of the cash derived from sale sufficient TO produce ana
the annuity. Such alteration ~ mere s
fund rent property will not per Sc chan .es en MAJ
of She limitation or di.poson en VIII Q. impnfy e
Lorlard CO'ter Paige M ,h.re,os S r,sa,sS
1 he examination tlat a iuhu mas
m uDpy the place of tho money to raised follows tts, the
pyi-os OF the tesrsors will relative TO the disposition
properiy tha, it would substitution had taIen psoe.
Ii con'ended on the part OF some % he
neglected their duty in not creating II Tue, a.. , t.re Il
ssss o. IF ose ana ah not the comp must BE- IL
The take Of this il viii be seen tnM w. 90 No.
utors that consequently claim could be properly '@s
them, and that 80 far as they are s, 49,
debts the iesace' to he two children and .e~
personal 10 be- divided toto eight equal parts ana
cf hs children absolutely We b, tho l.ngue u.sd By
the e.tsoI and the disposition n,ade OF this fund sHsr
the residue his absolutely his wife and chldn.
9d 9 r oI tsr nys S GssfP
hs 'y'ng children OF s,aod shden seems to u, .ssr
Though the whole scope his VIII spat this gnd hS
peculiar purpose, aud after that fulfilled omake DISPOSE
his state New object, o his bounty 10 bs provided tos
and these rhaP' ON he deem,d had peculiar claims TO hs
l. not for "a Il tnnotura uhwise Tho les AZ"
sxpre,ed u orctedns that sal Of bis real estate to raise ths
n Of TS w S1S might BodGS graz %h. woSs to
eke ii. residue, he declares that hi. uteuon in direotas
he above poNi'ion Of tG"ooo to rei.o the annuity Va
mutual %0' pa, % mcrt Of ,c aanofy Of $500 ys~
h., , Sc Gs Der and DfPs s~,,, that n T sS.s
directs ts, hi n should be- willing o~cclt si parts ID
his zeal estate which then productive Instead Of tho %
What The oJ'c Of thi. contemplated change subs,nu
raisr 4GOoco. Wh,n that fmd raised b. In
s 50 , ., to De- h aa, poG r %s' , ss pG s,T S'
smuty aud he declared that il his wife willing TO
In l 81 ts fund ra state then productive IL Other worLs
yielding an incone instead the income obtained
the money uc'tcd Oh, might do The product Of tho .l e~
substitute for the int income Of tho sGOoss In
vested She wo.io have in and all events - dur.
ing her life, and the iies never contemplated that she 49,
Chsncsy suit that The real eae conveyed to the trustees
| y.ar It appears al'o from the testimony Of RoboNs
thai the snnu'yci $500 paid Mrs Lynch out q
Tore poIS treated hi, estate which snnuhy
We, to BE- Id o, L"i oT Tes S1' to be Podueedo@
The estator DECLARED that II ih; change or sub.a,ion o.
| OF ell The parties interested.
We tbk that substitution change made by and with
the consent Of al the proper parties and those who were i.os
stef BY ,5G . in Clancy boro rrod TO- aud TIA. ,as
the share Of M Lynch Gnd her three children IN the resduun
S %o zee NO cy Low dealing with & wSs fsas
carry the will Of the teator and correctly adjust ~
By the will Il will be thai this
sLIsnsInnt Gr Inc s,o'onSn o. proaoe,c rea, 100
and investment Of The fund OF $1,000 that then tho resdGe q
Ii. estate might divided above II the residue b.
divided this real eae thus SET s.de with the residue. II ne
money bad been raised then the residue o. the excluding
fund b divided and distributed The Language
used in reference 10 the substitution Of productive real estate
for the money sud the consequence results, in
re.dunm BE- divided eighth % the widow
scr then what enansd aier sitting aside
produce the annuity BE- divided above that u {.
had place TIE directions Of the de- 10
Cboncery that after thi. fund or potion q The
estse sgrred upon by the psre, 10 that suit 10 10
ample and adequate no, only 10 nib the annuity to BE- paid
Lynch during her e but also place her self aud her ,hrs
ch atty with Tho four tho distribution
the -due Of the estate Assuming that correct IN this
yisw portion Of This real aside Ia Tact
produce sicfto the snnuy then AL hs' rernsnsA
shod hsy- divided between Mira Lynch and her chldrcs.
Bu, n,tssd Of this which relied pfodass
the annuity mingled with the shares to ~hch hs Lynsb
and children entitled. and the col having
been made when should have BEEN must b. made Mr
Lynch her three chdI 70 the residue Of tbs eso e1
fltaf n rrp
10 BE- placed equality With tbs four James Henry.
An ysnd Eda At The dsons in leJl Certain portions