Delafield v. White
New York Supreme Court
Appeal by the two infant defendants, Mary A. Howard and James C. Howard, claimants for surplus moneys arising upon sale on foreclosure of mortgage. The questions presented by the claim of these infants arise under the following provisions of the will of Mary C. C. Morison: First. I give, devise and bequeath all my estate, both real and personal, to my executors hereinafter named in trust and for the uses and purposes hereinafter named. * * * Fourth.
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Appeal by the two infant defendants, Mary A. Howard and James C. Howard, claimants for surplus moneys arising upon sale on foreclosure of mortgage. The questions presented by the claim of these infants arise under the following provisions of the will of Mary C. C. Morison: First. I give, devise and bequeath all my estate, both real and personal, to my executors hereinafter named in trust and for the uses and purposes hereinafter named. * * * Fourth. I give, devise and bequeath my property, No. 53 West Thirty-fifth street, New York city, and the rents, profits and income thereof, to my nieces…
1Opinion of the CourtMacomber, J.
There seems to be no irreconcilable repugnancy in the several provisions of this will, though the language used in section first, unexplained and unqualified, would appear to vest the title of the real estate on West Thirty-fifth street, in the executors, subject to the execution of some legal trust. It will be seen, however, that the subsequent provisions of the will, make an absolute and unconditional devise of the property and the rents, issues and profits thereof, to sundry beneficiaries. The seventh section of the will read in connection with the first, gives to the executors only the…
2Cases cited3 opinions
- Van Horne v. . CampbellNew York Court of Appeals · 1885
- Fliess v. . BuckleyNew York Court of Appeals · 1882
- People, Ex Rel. Short v. . BaconNew York Court of Appeals · 1885