Phoenix v. Trustees of Columbia College
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, George Henry Warren and others, from a judgment of the Supreme Court in favor of the plaintiffs and the defendant the Trustees of Columbia College in the City of New York, entered in the office of the clerk of the county'of New York on the 8th day of September, 1902, upon the report of a referee, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on the 4.th day of September, 1902, granting…
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Appeal by the defendants, George Henry Warren and others, from a judgment of the Supreme Court in favor of the plaintiffs and the defendant the Trustees of Columbia College in the City of New York, entered in the office of the clerk of the county'of New York on the 8th day of September, 1902, upon the report of a referee, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on the 4.th day of September, 1902, granting certain extra allowances.
1Opinion of the Court
Patterson, J.:
The appeal in this action is from a judgment of the Special Term, giving construction to the last will and testament of Stephen Whitney Phcenix,. deceased, and settling the accounts of the executors and trustees under that will.
The question wé are called upon to decide is whether Columbia College in the city of New York has the right and power to take, under the will, so much of the residuary estate of the testator as consists of certain real estate and the proceeds of other real estate realized by the executors and trustees, under the execution of a power of sale contained in…
2Cases cited10 opinions
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
- White v. . HowardNew York Court of Appeals · 1871
- Phelps' v. . PondNew York Court of Appeals · 1861
- Chamberlain v. . TaylorNew York Court of Appeals · 1887
- Asche v. . AscheNew York Court of Appeals · 1889
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In re the Final Judicial Settlement of Account of Proceedings of VisscherNew York Surrogate's Court · 1924
- Harris v. AchillesAppellate Division of the Supreme Court of the State of New York · 1909
- Hayden v. SugdenNew York Supreme Court · 1905
- Guilbert v. GuilbertNew York Supreme Court · 1910
- National City Bank v. BaldwinCuyahoga County Probate Court · 1962
4 more not listed; retrieve them via the Exa API.