Clark v. . Cammann
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 27, 1897, affirming a judgment entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The fund vested in the sons John and George at the testator’s death.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 27, 1897, affirming a judgment entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The fund vested in the sons John and George at the testator’s death. (Goebel v. Wolf 113 N. Y. 406 ; Matter of Brown, 154 N. Y. 313; 1 R. S. 723, § 13.) The various terms and expressions used are indicative of an intention that the interests of the sons in the fund should be vested in them. (Warner v. Durant, 76 N. Y.…
1Opinion of the CourtHaight, J.
This action was brought to determine to whom a fund of ten thousand dollars belongs.
The facts, so far as pertinent, are in substance as follows: Thomas L. Clark died August 8, 1853, leaving a last will and testament dated March 3, 1848, which was duly proved and admitted to probate. After making certain specific bequests he gives and devises to his executors and trustee all his real estate and personal property not before disposed of, upon trust, to reduce to possession and receive the rents, incomes and profits, to sell the real estate and to invest the proceeds together with the personal…
2Cases cited6 opinions
- Baer v. HendricksNew York Court of Appeals · 1895
- In Re the Accounting of BrownNew York Court of Appeals · 1897
- Greenland v. . WaddellNew York Court of Appeals · 1889
- In re KaneNew York Court of Chancery · 1847
- In Re the Judicial Settlement of the Accounts of AllenNew York Court of Appeals · 1896
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3Cited by98 opinions
- In Re the Accounting of WilcoxNew York Court of Appeals · 1909
- In re Brooklyn Trust Co.New York Surrogate's Court · 1929
- Shufeldt v. ShufeldtWashington Supreme Court · 1924
- Salter v. . DrowneNew York Court of Appeals · 1912
- Doane v. . Mercantile Trust Co.New York Court of Appeals · 1899
93 more not listed; retrieve them via the Exa API.