(No. 44.)

Another form for the construction of a will, praying necessary direction for admimistration, &c.

SUPREME COURT-GREENE COUNTY.

Obadiah King, Executor, and Charlotte Rundle, Executrix, of the last will and testament of Reuben Rundle, deceased, agt.

Hardy Rundle, Josiah Rundle, the Protestant Episcopal Society, &c.

[The parties interested under the will, and judgment creditors, are made defendants ].

The said plaintiffs complain of the defendants and allege:

That Reuben Rundle, Jr., late of the town of Greenville, county of Greene and State of New-York, deceased, made and published his last will and testament in writing, under his hand and seal in due form of law to pass real and personal estate, bearing date the 20th day of February, in the year of our Lord 1841, a copy of which said will is hereto annexed, and to which the plaintiffs refer as part of this complaint.1

That the said Reuben Rundle, Jr., departed this life at Hudson, Columbia county, being an inhabitant of Greenville, aforesaid, on the 5th day of October, in the year 1850, without having revoked or altered his said last will and testament, as far as these plaintiffs have been informed

1 The will annexed to the complaint contains several devises and executory trusts, the nature of which will sufficiently appear from the various propositions submitted for adjudication to the court, set forth in the complaint.

and believe, but leaving the same in full force and effect. That the due execution of the said will was proved before the county judge, acting as surrogate, of the county of Greene, on the 23d day of December, in the year 1850, as a will both of real and personal estate, and letters testamentary thereon were granted to these plaintiffs (the other executor therein named having duly renounced or refused to take upon himself the execution thereof), who thereupon duly qualified as such executor and executrix, and assumed the execution of the said will.

That the said Reuben Rundle, Jr., was married to Charlotte Rundle, one of the plaintiffs, and died without lawful issue, and without a father or mother, leaving the said Charlotte Rundle, his widow, and Hardy Rundle and Josiah Rundle, his brothers, his only heirs at law and next of kin, surviving him.

That various questions have arisen as to the validity of certain provisions of said will, and the legal effect thereof, and the true intent and meaning of different parts of the said last will and testament of the said Reuben Rundle, Jr., deceased, which it is important should be judicially determined, and which all parties interested, so far as these plaintiffs have been enabled to ascertain, are desirous should be determined by the judgment of this court, without delay.

That the said Reuben Rundle, Jr., died seized of three farms, situate in Greenville, aforesaid, one of which is called his homestead farm, one other is called his Potter Kill farm, and one other is called his Bell farm.

That the following named defendants, viz: [Naming them], have, as these plaintiff's believe, a lien by judgment upon any real estate belonging to Hardy Rundle, situate in the county of Greene.

First. These plaintiffs state, that they are informed and believe, that a question has been raised, on the part of the heirs at law of said Reuben Rundle, Jr., deceased, whether the devise in the said will of the homestead farm to Charlotte, one of these plaintiffs, is valid, and whether it conveys an estate to her and heirs, in fee simple.

Second. These plaintiffs state, that they are advised that a question arises upon the said will, whether the bequest to the Protestant Episcopal Society for Promoting Religion and Learning in the State of New-York, of $5,000, the interest and income thereof to be applied as stated in said will, is valid, and whether the said Protestant Episcopal Society, as aforesaid, is competent to take and hold the said money for the uses and purposes mentioned in the will.

Third. These plaintiffs are advised that a question arises under the terms of said will, whether the gift and bequest of the Potter Kill and Bell farms, for the uses and purposes stated in said will, are valid; and if not, whether the direction to sell, and pay over the avails thereof to the said Protestant Episcopal Society, for the uses and purposes mentioned in said will, is valid, and should be carried into effect by these plaintiffs.

Fourth. These plaintiffs are advised that a question arises whether the direction to sell the remainder of the estate and invest the avails of such sale, and pay the interest to Charlotte Rundle, one of these plaintiffs, during her natural life, is valid and legal; and, in case any of the preceding provisions of said will are held void, whether the property referred to in such preceding provisions should also be sold and the proceeds thereof invested as aforesaid.

Fifth. These plaintiffs also state, that they are informed and believe, that a question arises whether the direction

to pay the money to the Protestant Episcopal Society for Promoting Religion and Learning in the State of New-York, to be by them held as a Rundle fund, as mentioned in said will, and whether the subsequent directions of said will in reference to the accumulation of said fund, and the disposition to be made of the interest thereof, are valid and legal.

Sixth. These plaintiffs also state that they are advised and believe that a question arises under said will, what disposition shall be made of the real or personal estate, devised or bequeathed by said will, in case any of the provisions thereof shall be adjudged illegal and void.

These plaintiffs further state, that the Protestant Episcopal Society is an incorporated society, and its powers and privileges will appear, by reference to an act of the Legislature of this state, entitled An act to incorporate the trustees of the Protestant Episcopal Society for Promoting Religion and Learning in the State of New-York, passed April 4th, 1839; and an act to amend the same, passed May 6th, 1844, to which acts reference is hereby made. And these plaintiffs further state that they believe it to be important to the due and speedy administration of the estate and effects of the said Reuben Rundle, deceased, by the said plaintiffs as executor and executrix aforesaid, and to the devisees and legatees named in said will, and to his heirs at law and next of kin, that the several matters aforesaid in regard to the said estate, as to which doubts exist or questions have arisen, and all other matters in regard thereto in reference to which any question or doubts as to the rights of any party in interest may exist, should be judicially determined by this court at this time, and such direction, decree and judgment be thereupon made and given as may finally settle and determine the rights of all parties in interest in and to the estate and

property, of which the said Reuben Rundle died seized or possessed, and in and to every part thereof.

Wherefore the plaintiffs pray that this court will, by its determination or judgment, give all necessary and proper directions for the further execution of the various trusts mentioned in said will, and for the due administration of the estate of the said Reuben Rundle, deceased, in regard to the several particulars hereinbefore referred to, and in regard to any other questions which may be raised by any of the parties hereto, and for the passing and settling the accounts of said estate from time to time, and that this court will grant such further relief, or pronounce such further or other judgment and decree as the case made may require.

M. B. MATTICE, Attorney.

CHARLOTTE RUNDLE.

(No. 45.)

For the construction of a will and partition of real estate devised by it, and the adjustment of the rights of the several devisees.

SUPREME COURT - ALBANY COUNTY.

John Hogadorn
agt.

Christiana Hogadorn, Cornelius Dubois and
Betsey his wife.

The complaint of the plaintiff in this action, respectfully shows that Thomas Hogadorn, late of the town of Rensselaerville, in the county of Albany, departed this life on the sixteenth day of May, in the year of our Lord,