The Miscellaneous Reports Volume 28

The Miscellaneous Reports Volume 28

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ... claimed by the husband upon the trial that it took all of the income of the property possessed by him under his wife's will to pay the taxes thereon. This action is brought for a construction of the will; to have it determined that the interest created by the will for the husband was a trust estate and not subject to levy and sale and to restrain the latter by the defendants Miller. E. L. Stevens, for plaintifis. J. S. Baker, for defendants Reese and Miller. Risley & Love, for defendant Dennison. I-Irscoox, J. In my opinion Seymour Jones took a simple life estate in the property of his wife and no trust was created. There certainly can be no question but that the first part of the clause under review whereby the testatrix gave him "the use " of all her property " for and during the term of his natural life " created such estate, especially when read in connection with clause 2 which gives remainder to the children. Matter of McDougall, 141 N. Y. 21; Place v. Burlingame, 75 Hun, 432; Covenhoven v. Shuler, 2 Paige, 122. It is urged by the plaintiffs, however, that the further words " for his support, the same not to be liable for any debts existing against him," are sufiicient to create a trust estate. But that does not seem so to me. It goes without saying that the testatrix might very easily have created an estate which would be in trust and would give the beneficiary the use and income of her property for his support during his life and free from his debts. On the other hand, she could with equal ease give him a life estate without any trust. The question is simply, which did she do? There is no trust in form or any trustee. There is a gift of an absolute estate for life. Having made this, ...
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Product details

  • Paperback | 338 pages
  • 189 x 246 x 18mm | 603g
  • United States
  • English
  • black & white illustrations
  • 1236788230
  • 9781236788238