Wood v. Vandenburgh

Citations

• 6 Paige Ch. 277
• 1837 N.Y. LEXIS 273
• 1837 N.Y. Misc. LEXIS 88

Syllabus

<p>Where the father by his will devised all his real and personal estate to one of his sons charged with the payment of several legacies to the other children of the testator ; and by a written agreementbetween the father and the son, the father covenanted not to revoke or alter the will without the consent of the son, and to give to him the immediate possession of the property, in consideration of which the son covenanted to support the father, and his mother during their respective lives, and to support his sister while she remained unmarried; and the son died in the life time of the father leaving the mother and unmarried sister surviving him, having by his own will directed his executors to sell his real and personal estate, including that devised to him by his father’s will, and after paying debts and funeral expenses to place the residue of the proceeds at interest and to pay such interest to his parents during their lives, except the interest of $500, which he directed to be applied to the education of his nephew together with a part of the principal if necessary, and having also, by his will, directed his executors to pay the several legacies bequeathed to his brothers and sisters by his father’s will, and to support his parents and his unmarried sister, according to the agreement with his father and to distribute the residue as directed in his own will; and the father, after the death of his son conveyed all his property to the executors to be disposed of according to the will of the latter; Held, that the proceeds of the property, except so much thereof as was necessary for the support of the parents and unmarried sister, must be disposed of in the same manner as if the son had survived and made bis will after the death of his father; that the support of the parents and unmarried sister was in the nature of ja debt due from the son under the agreement and must be first paid ; that the legacies given by the father’s will must next'be provided for as a charg