Van Rensselaer v. . Van Rensselaer
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 26, 1887, which affirmed a judgment in favor of plaintiff, 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.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 26, 1887, which affirmed a judgment in favor of plaintiff, 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. The decree of the surrogate, upon the accounting by the defendant Hamilton as executor, was conclusive in favor of both of the defendants, Hamilton and Van Rensselaer, against the right of the plaintiff to recover the judgment rendered and appealed from herein. (Code, §§…
1Opinion of the CourtFinch, J.
This action was brought to enforce the collection’ of a legacy, and resulted in a judgment for its recovery, with the interest accrued, against the sole acting executor and against the residuary legatee. The terms of the bequest were somewhat unusual. The testator, Philip Livingston Van Rensselaer, first gave to his two brothers, and to his sister Alice, $10,000 each, to be paid out of moneys which he had loaned from time to time to a relative' whom he named. He then gave to his sister Elizabeth the legacy now in question, using the following language: “Ihereby give and bequeath to my sister…
2Cited by41 opinions
- In re the Accounting of HubbellNew York Court of Appeals · 1951
- Doyle v. Allstate InsuranceNew York Court of Appeals · 1956
- Lynch v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Jamaica Savings Bank v. M. S. Investing Co.New York Court of Appeals · 1937
- Young v. VailNew Mexico Supreme Court · 1924
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