Ward v. Ward
U.S. Circuit Court for the District of Southern New York
In Equity. These actions were tried and argued together. They both relate to the same subject-matter and the main controversy is identical in each. The first action is for a distribution of personal property; the second for a partition of real estate under the will of Henry H. Ward upon the termination of a trust estate created by said will.
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In Equity. These actions were tried and argued together. They both relate to the same subject-matter and the main controversy is identical in each. The first action is for a distribution of personal property; the second for a partition of real estate under the will of Henry H. Ward upon the termination of a trust estate created by said will. The defendant Evarts is not personally interested in the controversy and is joined as defendant in the first action because he holds the personalty as trustee or custodian. The city of New York is made a defendant in the second action in order to bar any…
1Opinion of the CourtCoxe, Circuit Judge
(after stating the facts). Henry H. Ward died August 27, 1872, leaving a will, executed July 31, 1872, whereby, after making certain minor devises and bequests, he left all the rest, residue and remainder of his estate to his executors to hold during the life of his cousin Eliza Ann Partridge in trust, the income to be paid to her during her life. The will then proceeds as follows:
“Upon the termination of such trust by the death of said Eliza Ann Partridge, I give, devise and bequeath the capital of such trust estate, as the same shall then exist, unto my three cousins, William G. Ward,…
2Cases cited9 opinions
- Moore v. LittelNew York Court of Appeals · 1869
- Hennessy v. . PattersonNew York Court of Appeals · 1881
- Ham v. . Van OrdenNew York Court of Appeals · 1881
- Fort v. BurchNew York Supreme Court · 1849
- Briggs v. . OliverNew York Court of Appeals · 1877
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Grodsky v. SipeDistrict Court, E.D. Illinois · 1940
- Sweets Co. of America, Inc. v. CommissionerUnited States Board of Tax Appeals · 1928
- Hendler v. United StatesDistrict Court, D. Maryland · 1936
- Ward v. WardCourt of Appeals for the Second Circuit · 1906
- Levo v. General-Shea-MorrisonMontana Supreme Court · 1955
1 more not listed; retrieve them via the Exa API.