Hobson v. . Hale
New York Court of Appeals
Appeal from judgment of the General Term of the Stfpreme Court, in the first judicial department, entered upon an order made Hay 11, 1883, which affirmed a judgment entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. Equitable conversion may take place by implication as well as by express words. The positive direction to convert, which is essential, may be implied.
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Appeal from judgment of the General Term of the Stfpreme Court, in the first judicial department, entered upon an order made Hay 11, 1883, which affirmed a judgment entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. Equitable conversion may take place by implication as well as by express words. The positive direction to convert, which is essential, may be implied. (Snell’s Prin. of Eq. 142 ; Fletcher v. Ashburner, 1 W. & T. L. Cas. in Eq. 659, 676; 1 Brown’s Ch. Cas. 497; Cookson v. Cookson, 12 C. & F. 121;…
1Opinion of the CourtMiller, J.
This action is brought to obtain a construction of certain provisions of the last will and testament of Ezekiel J. M. Hale who died at his residence in the State of Massachusetts, June 4, 1881, and whose said last will and testament was executed in that State. At the time of his death the testator was the owner of valuable real estate situated in the city of New York. The larger part of his estate was, however, in the State of Massachusetts where his will was proved and where the executors resided. The will was valid under the laws of the State of Massachusetts. The testator gave various…
2Cases cited11 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Smith v. . EdwardsNew York Court of Appeals · 1882
- White v. . HowardNew York Court of Appeals · 1871
- Lent v. . HowardNew York Court of Appeals · 1882
- Livingston v. . GreeneNew York Court of Appeals · 1873
6 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Baer v. HendricksNew York Court of Appeals · 1895
- Ford v. FordWisconsin Supreme Court · 1887
- Becker v. ChesterWisconsin Supreme Court · 1902
- Salter v. . DrowneNew York Court of Appeals · 1912
- Asche v. . AscheNew York Court of Appeals · 1889
48 more not listed; retrieve them via the Exa API.