Benedict v. Arnoux
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Hannah Campbell and others, as ■executors, etc., of William Campbell, deceased, from a judgment ■of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 2d day of January, 1896, upon the decision of the court rendered after a trial-•at the New York -Special Term. _ This action was brought to foreclose a mortgage given by George T. Arnoux to Edwin Booth, the plaintiff’s testator, -on the…
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Appeal by the defendants, Hannah Campbell and others, as ■executors, etc., of William Campbell, deceased, from a judgment ■of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 2d day of January, 1896, upon the decision of the court rendered after a trial-•at the New York -Special Term. _ This action was brought to foreclose a mortgage given by George T. Arnoux to Edwin Booth, the plaintiff’s testator, -on the 20th day of January, 1891, to secure the payment of $16,500, conveying land on the westerly side of South Fifth avenue…
1Opinion of the Court
Ingraham, J.:
William Campbell died in the city of New York on the B'Tth day of April, 1888. the owner of two houses, numbered respectively 62 and 64 South Fifth avenue, New York city, leaving a last will and testament, by which he gave to his executors all the residue of his estate, after making three legacies aggregating $4,000 — “ in trust, however, that they shall take possession of, manage and control the same, and receive the rents, income and profits therefrom for and during the natural life of my wife Sarah; and I instruct and direct that they shall, out of such rents, issues and…
2Cases cited3 opinions
- Scholle v. . ScholleNew York Court of Appeals · 1889
- Moore v. . American Loan and Trust Co.New York Court of Appeals · 1889
- Harris v. . StrodlNew York Court of Appeals · 1892
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