4 N.J. Eq. 163 | New York Court of Chancery | 1842
The order of dismissal was improperly made, and must be set aside, except so far as respects the claim of the complainant; as to him it must stand. The legatees who are defendants, are entitled to the benefit of the interlocutory decree, and the master’s report thereon; and are at liberty to file, a supplemental bill, to obtain the benefit of the said decree, without prejudice from the order pf dismissal. But they cannot be permitted to proceed in this suit, in the name of the complainant.
The following order was thereupon made.
“Upon opening the matter to the court this day, it appearing to the court that the bill was filed by the complainant in this cause, to recover a legacy of nine thousand dollars of the executors of Robert Taylor, which was bequeathed by the testator to one Robert Huey or Taylor, son of Martha Huey, in trust, to be divided among the nearest descendants of the testator's decéased sisters, in such proportions and to such persons, as in his judgment he might think most needy, prudent find meritorious; and that in the term of January, in the year of our Lord one thousand eight hundred and twenty-nine, an interlócutory decree was made in this cause, whereby it was ordered, adjudged and decreed, that the legacy so as aforesaid given by the, said testator, to the said Robert Huey or Taylor, in trust as aforesaid, did not lapse by the death of the said Robert Huey in the lifetime of the testator, but that the same was a trust in the said Robert Huey for the benefit of the nearest descendants of
No written opinion was delivered.