Chanler v. New York El. Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Bill by Winthrop A. Ckanler against the New York Elevated Bail-road Company and another. There was a judgment for plaintiff, and ■defendants appeal.
1Opinion of the CourtBarrett, J.
This is the usual action for an injunction and damages, the properties affected being Nos. 358, 419, and 428 Third avenue. The first point raised by the defendants is that the plaintiff did not prove a good title to No. 358. Maria Adams died seised of this property in 1881, and her executor conveyed it to the plaintiff in 1885. By the sixth clause of her will the testatrix devised and bequeathed her residuary estate, which included this property, to her executor, in trust to collect the rents and profits until a sale, and distribute them among five individuals named. The will then reads:
“And…
2Cases cited8 opinions
- Robert v. . CorningNew York Court of Appeals · 1882
- McAlpin v. . PowellNew York Court of Appeals · 1877
- Henderson v. . HendersonNew York Court of Appeals · 1889
- Hunter v. Manhattan Railway Co.New York Court of Appeals · 1894
- Deegan v. . WadeNew York Court of Appeals · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hagen v. SacrisonNorth Dakota Supreme Court · 1909