In 1872, Sarah E. Little, then a resident of Perry, Wyoming county, New York, died at that place, leaving a last will and testament, executed August 30, 1872, and a codicil thereto, executed September 9, 1872. The will, after giving sundry money legacies, proceeded as follows: Fourth. I give and bequeath to Charlotte Sherman the interest of four thousand dollars, during the term of her natural life, and at her decease the said sum of four thousand dollars shall be equally divided between Maria Cameron, Sarah E. Morse, and James Sherman, children of C. A. W. Sherman, or so many of them as shall then be living. By subsequent articles other money legacies were given, and then followed these articles: Twenty-second. All bequests herein contained to persons residing in New York, and that to Maria Cameron, I desire paid first, and the remainder as fast as the money is available. Twenty-sixth. I hereby appoint Henry N. Page my executor for carrying out the provisions of this my last will and testament, so far as they relate to parties and property in this state, (in New York,) and Charles W. Grant, of East Saginaw, and D. H. Jerome, of Saginaw city, Michigan, my executors for everything, so far as they relate to parties and property in the state of Michigan and elsewhere; and my executors are hereby authorized and empowered to sell and convey any real estate of which I may be possessed as they shall deem for the best interest of the legatees.' On the twenty-fourth of December, 1881, the present suit in equity was brought, in the circuit court of the United States for the Eastern district of Michigan, by Charles A. W. Sherman, as administrator of Charlotte Sherman, deceased, Maria Cameron, James Sherman, and Sarah E. Morse, against David H. Jerome and Charles W. Grant. The bill sets out the foregoing provisions of Little's will, and states these facts: Charles A. W. Sherman is the C. A. W. Sherman named in the will. Charlotte Sherman was his wife, and died in May, 1880, and he was appointed her administrator in December, 1881. In January, 1873, the will of Little was proved before the surrogate of Wyoming county, New York, and letters testamentary were issued to Page, named in it as executor. In March, 1873, letters testamentary on the will of Little were issued by the probate court for Saginaw county, Michigan, to Grant and Jerome. in New York, and Grant and Jerome, in Michigan, entered upon their duties as executors. In New York, Little left property not exceeding a few hundred dollars in amount, which went into the hands of Page, and was used in defraying funeral expenses, leaving nothing in his hands with which to pay the legacies. Little left a large real and personal estate in Saginaw county, Michigan, which came into the hands ofG rant and Jerome, as executors, and they have now in their hands a greater amount of the estate than is sufficient to pay to the plaintiffs their legacies and to pay all the other legacies. Grant and Jerome paid to Charlotte Sherman the interest on the $4,000 down to April 1, 1876; but nothing more has been paid on the legacies to the plaintiffs. Maria Cameron, Sarah E. Morse, and James Sherman were living at the time of the death of Charlotte Sherman, and are still living. The bill prays for an accounting by the defendants, as executos, and for the payment to the plaintiffs of the amounts due to them for the legacies.
Agriculture Journal
Sherman v. Jerome/Opinion of the Court
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