New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-11-24
uYRENE CCUAT-GSyHza al SEaH-ycv. sa-Bsssss
Judges D. was, Omar nd evIRIaLNp.
AFTfAL IkOh sNkhUbAILs bEtRLf.
David Lyman, Appean' az. Psrscns e. o., R'spordsn;s

l..., sa TIE opinion wy recently s.lsrsd. Hiram
srTHrsLAsp i'll ihint tn cons.ruetion Of Ii. will Of
Samuel BY the saPrem. cesl, Errors co,nro,:s
the construction aud inst Of 81. osar q the County
The te.;aor re.ideI Of the State Of cornecc. aud dmi
eIed there made his viii n tina: ss,e and died tier. Oct a.
dsseh.er-s miDss the time Of his death and
ct ,cui + bsr EsSs e ssI 'e 94 s Of
Yei, valued a; sbo lteo A 4es Of ne .to Of Al In.
person. and hrm IN tie City Of amounting .tou
+sice TO, .es;o, By D. VII sa'.e ne IN day q ooee,
the furniture, BOOK carriages &c. sne Tanofor;, 70 bis
daughter Csihsn. sad annuity Of 300 10 hi. wife to BE-
paid 10 her By his executors oui Of his estate un her d.ae
and dsyses al he residue Of his estAss TO
and hi. vife trust h Esr thereof tie sole and
benefit Of bis Joseph IL Psr'ons and A heirs end ssn,
ssS.. q a A :.nss h ND ID
eau. .hsIs to heT9 I,.p..re IA and e heir sDs
g, the ar, s . st o. s ss t .a IF the l ns
their minority sepecyey the Trustees directed eIP-nd
for their support respectively such expediert
charging the expended each ,owd his her sr. Of
The ,ts,e TIN Trustees directed pay his son
tanning the of q s50e and further not
,,;aIh, Of p years they are directed to pay him snch
an :. 'sey % G.e II. rG ,I s ~, n' or to T'.e
as in their they shall deem for his
sa nc. .. sonn to on s'T rom
period Of Year, 70 another until the share Of the son 'ha
Tb. trustees pay each Of the daughters ZOO
S H III .i. 81 Of s' s.1
|
paid of but the trustees u TIE exercise OF sound e'cIeton
ster tne h,s' psynen' 20 20" 90
delay IN making the ultimate Of the share o. each darg
II the ION dies before receiving his share leaving lawful
sue then his share remaining in the hand. 81 the to
10 BE- paid over IN equ. HE sstcr III
his daughters should die before receiving payment
ten.ins Unpaid shall be raid tNoh. Of AID
the remainder TO the surviving daughters .,.-
such shall entitled equal portions to the share OF shares
III. respective parent or b, Ia aa s, s.s
share shares in such manner that such iue only and
| hay, b.nef. or advantage thereof
The directed 10 sell he real estate IN New YORK
Connecticut and to add the proceed, thereof to the general
Pie FIND. sr.r from bills of exchange and PrOm'OEy
directed t. be Invested in safe National or State
seE. aud few bank. Of character and credit u II.
tate d.tin sushed from tue principal;
very plain the intended that the bulk Of hs
oss Ss %e wed and a. fsp ossl BY
that of the and its .ccruns interest or III
the widow the epeden for the support and edu
cation of the children during sei5 minority c sr
other sum; and after that TO pay OWL me e.ldue oil
fund estate in their hands; with IT. ieaions To-
mens with certain discretionary powers
gven specified In the WILL with wonderful pre-
The res. to.s PAYMENT. for thu support
and their attaining their majority and sf:erward
carefully given In the will may be !. az
by his estate snd BY direct beques; and
The t.,,,or did not intend that children should
interest Of the fund.- and the benefits and payments
specifically by him in additions but he intended the
interest 81 fund to be added TO the principal aud
be kept together aud thai out Of h. fluid y these
made BY hi Tgstee, should from TIN. to time be mad
W. ,b naVm. nj would first be taken and used
unlawful accumulation OF the abb
IT, provisions, II the Courts in Connection; 70 ..y'o
The estato lived there, made his vii there died there and
Dho. TO be-
money power of SALE and invested BY his tsees
Of Psrtie. iene6cay interested be determined
according to the laws Of that STATE. The te'a", Yosa no
very clear that the Surrogate NewYok led to his
construction Of the win BY TOO close attention to the pAeuin
Of the gift and devise 70 the executors IN trust @ the use
rt attention To- provisions Of the Wit qualify
Ing explaining this and benefit and showing the tesla
M.hs eou.iIacon viii called for By toe preceding
and tina; she parts OF Ids decree
thereon declaring that the bieIni. dIssed
the will be paid 10 the children Of the te.aio are aPps
bic alone 70 the principal corpus Of the estate and
the their shares from the time the tsasos
III se 81 the children in their uni aid shares can hardly
he said to BE- vested death of child his or her share
1Rs: ~ STS 60 n D D the w and n under the
statute for the distribution Of niestae estates
par. Of the decree Of the Surrogate adudsna and
decreens that the appellant should account 70 'a h
City Nsw1Oi paid 70 ts sRIssa, ssio'. ssI. tesla
s.eS Sy .eS ''r would s. to
title oil the personal property or moyeabe' Of
death By virtue appointment in the will rather than by
probate the will aud the granting Of letter, es'snent.y
Scuts AIT Puyer, ii Wend Je3 Valentine ssi Jackson
| Wend SS; Williamson Es'p 30, ,.;..,
The probate and granting letters Is nunep
Of te Of the executor night snd nfOrce i,
the courts and authorities snosh State. and Therefore
whether d s , ssSa,S 1 snd . aeens
But a. hi, question evidence arise except
suit OF pro ,esdng by against t. executor for "g
or aemr,ing 10 iEoree h. right and title must confess
cannot see bow can III the Of voluntary psynento
himself th. sk Of the title Of the and Of his eht 70
In bs appears that about OF the Of the
e:.tOI consisted q notes Of Pr.on, aud p r.
posted BY the the Merchants Banh Of the City Of
New York and in the Mideex County Bank IL ConLectc
Who can ind fault wh this voluntary payment wthou; suit
fraud rce' The parties who paid the money cannot ana 90
not; been called for the money AGAIN,
pretended that they have not Isd TO the sht
person ~. .s.i.u, ;,,.r.,,o, rns., ,bs Ill
cannot for the money has be, paid the eht persons aud
has to tn. light Psee-nto the snea Sne o. as eae
them under the wall OF the tes,or the eSnsra.on "se
it 10 admitted belongs 10 ne eouits s N me, ~,
Who then can complain And why should the Surrogate of
Npw YORK have assumed Jurisdiction the moneys thus vol
rrsriv raid 10 the appellant by the NewYork deio and
s.ta in H. hand, Of the trustees IN Connec ut had been
by such there 10 he disposed OF uode the trusts
of viii executed which took effect there nearly six years
ago. when ntey were issued to the sppean by
| the Surrogate OF New-YoIk -, -,
my opinion is osp both on principle and authority INST
the Of bad 80 sFsesGI wpsey.r over
the moneys thus voluntarily iad 70 me spPesh. py II
York debtors previous TO the granting o. the letters
tVroome at vsn Horne 10 Page 49, $751; and authorities
cited by IL. Chsnc,o in that seee'men o. Boston ss
| Boyston, ? Mas. II. $50
Samuel Parsons could have maintained suit IN this state
BY virtue of the litter. sSsg,ee in p r.