Delafield v. White
New York Supreme Court
I. General Term ; May, 1887. Appeal by the two infant defendants, Mary A. Howard and James 0. Howard, claimants upon surplus-moneys herein, from an order of the special term overruling exceptions to the report of a referee, and confirming his report, and directing distribution of the surplus-moneys in accordance therewith.
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I. General Term ; May, 1887. Appeal by the two infant defendants, Mary A. Howard and James 0. Howard, claimants upon surplus-moneys herein, from an order of the special term overruling exceptions to the report of a referee, and confirming his report, and directing distribution of the surplus-moneys in accordance therewith. This action was brought by Emily P. Delafield against Emily A. White and others, heirs at law and devisees of Mary O. E. Morrison, deceased, for the foreclosure of a mortgage made by the deceased, upon Ho. 53 West Thirty-fifth street, Hew York city. The will of the deceased…
1Opinion of the CourtMacomber, J.
There seems to be no irreconcilable repugnancy in the several provisions of this will, though the language used in section first, unexplained and unqualified, would appear to vest the title of the real estate on West Thirty-fifth street in the executors, subject to the execution of some legal trust. It will be seen, however, that the subsequent provisions of the will make an absolute and unconditional devise of the property and of the rents, issues and profits thereof, to sundry beneficiaries. The seventh section of the will, read in connection with the first, gives to the executors only the…
2Cases cited4 opinions
- Van Horne v. . CampbellNew York Court of Appeals · 1885
- Dunning v. . Ocean National BankNew York Court of Appeals · 1875
- Fliess v. . BuckleyNew York Court of Appeals · 1882
- People, Ex Rel. Short v. . BaconNew York Court of Appeals · 1885
3Cited by4 opinions
- Sadow v. Poskin Realty Corp.New York Supreme Court · 1970
- Parkhurst v. TrumbullMichigan Supreme Court · 1902
- Albro v. BlumeAppellate Division of the Supreme Court of the State of New York · 1896
- Title Guarantee & Trust Co. v. HumphreyAppellate Division of the Supreme Court of the State of New York · 1924