Legal Opinion

Rosen v. Ward

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

Decided July 15, 1904PublishedCited by 9 opinions

Appeal by the defendants, J. Langdon Ward and another, as executors, etc., of George Bliss, deceased, from an interlocutory 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 2d day of July, 1903, upon the decision of the court rendered after a trial at the New York Special Term directing an accounting by the defendants.

1Opinion of the Court

O’Brien, J.:

There is no serious dispute between the parties as to the facts, and they may be, therefore, briefly summarized so as to present, among others, the precise questions upon which we think this appeal should turn.

Ernest G. Stedman and his wife conveyed to George Bliss during his lifetime by deed, dated April 30, 1891, certain lots of land in Jamaica, Queens county, subject to two mortgages, one for $11,000 and the other for. $8,000. On May 7, 1891, Bliss declared in writing that he held the property “ upon the uses and trust following, that is to say : To sell the same or any part…

2Cases cited4 opinions

  1. Mahoney v. BernhardAppellate Division of the Supreme Court of the State of New York · 1899
  2. Olmstead v. LatimerAppellate Division of the Supreme Court of the State of New York · 1896
  3. Walton v. WaltonNew York Court of Appeals · 1864
  4. Squire v. BugbeeAppellate Division of the Supreme Court of the State of New York · 1901

3Cited by9 opinions

  1. Hulburd v. CommissionerSupreme Court of the United States · 1935
  2. Wallace v. FordNew York Supreme Court · 1964
  3. In re the Estate of SnitkinNew York Surrogate's Court · 1934
  4. Jandorf v. SmithAppellate Division of the Supreme Court of the State of New York · 1926
  5. Hartwick College v. United StatesCourt of Appeals for the Second Circuit · 1986

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