In re G. C. Davison

Citations

• 6 Paige Ch. 136
• 1836 N.Y. LEXIS 235
• 1836 N.Y. Misc. LEXIS 56

Syllabus

<p>Where a testator bequeathed an annuity to his widow during the minority of his children, together with a distributive share of his estate after that period, in lieu of dower, and for the further purpose and upon the express trust that she should take care of, educate and maintain the children during their minorities; Held, that the court was not authorized to order a farther allowance to be made out of the infants estates to the widow, for their support, until the fund bequeathed to her for that purpose was ex» hausted.</p> <p>Maintenance for infants cannot be allowed by the court of chancery out of a fund which, upon the happening of the event contemplated by the testator in the bequest of such fund, will not belong to the infants but to some other person. But where a fund is given absolutely to several infants as a class, with the benefit of survivorship if either of them dies before the time appointed for the distribution of the fund, as the chance of survivorship is equal, the court may allow maintenance out of the fund, for the benefit of the infants equally, while all who ate interested therein Continue to be minors.</p>