Chanler v. New York Elevated Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by tlie defendants,. The New York Elevated Railroad Company and another, from a judgment of the Supreme .Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 11th day-of February, 1898, upon the decision of the court rendered after a trial at the New York Special Term.
1Opinion of the Court
Barrett, 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 seized of this property in ■ 1881, and her executor conveyed it to the plaintiff in 1885. By the 5th 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…
2Cases cited5 opinions
- Warner v. . DurantNew York Court of Appeals · 1879
- Robert v. . CorningNew York Court of Appeals · 1882
- Hunter v. Manhattan Railway Co.New York Court of Appeals · 1894
- Deegan v. . WadeNew York Court of Appeals · 1895
- Saxton v. New York Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by8 opinions
- In re Compel an Accounting in the Estate of VaretAppellate Division of the Supreme Court of the State of New York · 1918
- Hagen v. SacrisonNorth Dakota Supreme Court · 1909
- In re the Accounting of WatonNew York Surrogate's Court · 1954
- Mayne v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1912
- In re the Estate of NimphiusNew York Surrogate's Court · 1931
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