Legal Opinion

Carpenter v. New York Trust Co.

Appellate Division of the Supreme Court of the State of New York

Decided November 3, 1916PublishedCited by 3 opinions

Appeal by the defendants, The New York Trust Company and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 21st day of June, 1916, upon the decision of the court after a trial at the New York Special Term.

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Appeal by the defendants, The New York Trust Company and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 21st day of June, 1916, upon the decision of the court after a trial at the New York Special Term. The judgment awarded to plaintiff, subject to the lien of his attorneys, the sum of $32,500 received' from defendant, The Kensico Cemetery, in settlement of all claims pending between it and the estates of Caroline L. Carpenter and Eeese M. Carpenter, and directed that half of said sum be paid to said…

1Opinion of the Court

Dowling, J.:

This action was originally brought by plaintiff as administrator with the will' annexed of Caroline L. Carpenter, deceased, against the New York Trust Company and the Kensico Cemetery to have himself declared to be the equitable owner and entitled to 931 land shares and $32,585 in certificates of indebtedness of the Kensico Cemetery pursuant to a certain subscription Agreement wherein the New York Trust Company was trustee; to have the sum of $44,901.39 due the said estate on account of the hiring and use of certain horses by the cemetery applied so far as it might be needful to…

2Cases cited1 opinion

  1. Acker v. . LedyardNew York Court of Appeals · 1853

3Cited by3 opinions

  1. Siegel v. Kentucky Fried Chicken of Long Island, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
  2. In re the Estate of LockeAppellate Division of the Supreme Court of the State of New York · 1964
  3. Siegel v. Kentucky Fried Chicken of Long Island, Inc.Appellate Division of the Supreme Court of the State of New York · 1985

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