Williams v. Peabody
New York Supreme Court
Appeal by the defendant from a judgment in favor of the plaintiff, directed by a justice of this court, before whom the action was tried without a jury. The action was an action of waste, and for an accounting in regard to personal property. The plaintiff demanded judgment for damages; also for forfeiture of the defendant’s estate, and for protection of his rights in the personal property.
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Appeal by the defendant from a judgment in favor of the plaintiff, directed by a justice of this court, before whom the action was tried without a jury. The action was an action of waste, and for an accounting in regard to personal property. The plaintiff demanded judgment for damages; also for forfeiture of the defendant’s estate, and for protection of his rights in the personal property. By the judgment, the plaintiff was awarded ah injunction to stay waste, and an accounting was ordered as to the personal property, with costs of the action against the defendant. From this judgment the…
1Opinion of the Court
Bocees, J.:
The property, both real and personal, as to which relief is sought 'in this action, came to the defendant under the will of her deceased husband, John Brainard. By that instrument the defendant took an estate for her own life in the lands and premises, with the right also to use the personal property, in her due discretion, for any purpose and in any reasonable manner, and in such use to consume and exhaust the same if necessary for her own support. The remainder of both the real and personal property was, by such will, given and *272devised to one John Day Walworth. The latter died…
2Cases cited2 opinions
- Morris v. . WardNew York Court of Appeals · 1867
- Woodruff v. EllenNew York Supreme Court · 1866