Hone's Executors v. Van Schaick

Court for the Trial of Impeachments and Correction of Errors

Hone's Executors v. Van Schaick

1 Lock. Rev. Cas. 530

CourtCourt for the Trial of Impeachments and Correction of Errors

DecidedJuly 1, 1799

StatusPublished

This text of 1 Lock. Rev. Cas. 530 (Hone's Executors v. Van Schaick) is published on Counsel Stack Legal Research, covering Court for the Trial of Impeachments and Correction of Errors primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hone's Executors v. Van Schaick, 1 Lock. Rev. Cas. 530 (N.Y. Super. Ct. 1799).

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Opinion

Whereupon the decree of the Chancellor was unanimously affirmed.

The case of Root v. Stuyvesant may, therefore, be considered as one of that class which, if not expressly overruled, yet “ stands upon its own peculiar circumstances," like that of Murray v. Riggs, 15 J. R. 571. Unless the courts are to be constituted testators-general of all who attempt to dispose of their estates by devise, its doctrine is not likely to be ever again applied to any other than that identical will, for which it has become a rule of property among the parties and those claiming under them. In all others, its principle has since been, and it is hoped will continue to be disregarded, as it was in the following case before the Court of Errors, involving the same general question how far a trust created for purposes, of which some are good, and others void, by the statute of trusts can be supported as to the legal purposes for which the trust was created ?

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Whereupon the decree of the Chancellor was unanimously affirmed.

The case of Root v. Stuyvesant may, therefore, be considered as one of that class which, if not expressly overruled, yet “ stands upon its own peculiar circumstances," like that of Murray v. Riggs, 15 J. R. 571. Unless the courts are to be constituted testators-general of all who attempt to dispose of their estates by devise, its doctrine is not likely to be ever again applied to any other than that identical will, for which it has become a rule of property among the parties and those claiming under them. In all others, its principle has since been, and it is hoped will continue to be disregarded, as it was in the following case before the Court of Errors, involving the same general question how far a trust created for purposes, of which some are good, and others void, by the statute of trusts can be supported as to the legal purposes for which the trust was created ?

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Bluebook (online)

1 Lock. Rev. Cas. 530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hones-executors-v-van-schaick-nycterr-1799.