Park Hill Co. v. Herriot
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Park Hill Company, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Westchester on the 17th day of February, 1899, upon the decision of the court rendered after a trial at the Westchester Special Term, dismissing the plaintiff’s complaint upon the merits.
1Opinion of the Court
Hatch, J.:
The issues presented in this action are novel, difficult and important. The facts are admitted, and the issues are solely of law.
It appears that Warren Herriot died on the 6th day of April, 1882, leaving him surviving his widow, Louise Matilda Herriot, Ida Herriot, an infant child and a defendant in this action, and two sisters. The testator left a will, in which he devised his property, real and personal, to his widow and Ann Matilda Herriot, a sister,, as executors and trustees, to be by them distributed in accordance with its terms; and he vested in such trustees a power of sale…
2Cases cited18 opinions
- Embury v. . ConnerNew York Court of Appeals · 1850
- Wager v. . WagerNew York Court of Appeals · 1882
- Monarque v. . MonarqueNew York Court of Appeals · 1880
- Gray v. BrignardelloSupreme Court of the United States · 1864
- Wadhams v. Flagler GayIllinois Supreme Court · 1874
13 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- McKee v. McKeeNew York Supreme Court · 1943
- Charles H. Dauchey Co. v. FarneyNew York Supreme Court · 1918
- Andrewes v. HaasAppellate Division of the Supreme Court of the State of New York · 1913
- Butler v. ButlerAppellate Division of the Supreme Court of the State of New York · 1899
- In re the Estate of GallAppellate Division of the Supreme Court of the State of New York · 1899
2 more not listed; retrieve them via the Exa API.