Lyons v. . Ostrander
New York Court of Appeals
Appeal from .an order of the Appellate Division of the Supreme Court in the. first judicial department, made July 17, 1900, which reversed a judgment in favor of defendants entered upon a verdict and an order denying a motion for a new trial and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from .an order of the Appellate Division of the Supreme Court in the. first judicial department, made July 17, 1900, which reversed a judgment in favor of defendants entered upon a verdict and an order denying a motion for a new trial and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. By the 3d section of the will of Jacob Weeks, deceased, Clarissa Lyons took a vested remainder in fee of one-quarter of the property mentioned in that section of the will, which interest was alienable, devisable and descendible, and which was…
1Opinion of the CourtWerner, J.
The action is in ejectment. The plaintiffs claim an interest in the premises described in the complaint under the will of Jacob Weeks, deceased. The defendant Ostrander claims the same interest as trustee under the will of Clara Louise (or Clarissa) Lyons, the mother of the plaintiffs. The issue of the controversy depends upon the construction of the third clause of said Jacob "Weeks’ will which gave to the executors therein named the premises described in the complaint “-Upon trust to collect the rents, profits and income thereof during the life of my adopted son, Jacob Weeks Cornwell, son…
2Cases cited4 opinions
- Baer v. HendricksNew York Court of Appeals · 1895
- Mullarky v. . SullivanNew York Court of Appeals · 1892
- Fowler v. . IngersollNew York Court of Appeals · 1891
- In Re the Judicial Settlement of the Account of DentonNew York Court of Appeals · 1893
3Cited by50 opinions
- In Re the Accounting of EvansNew York Court of Appeals · 1922
- In re Will of LarkinNew York Court of Appeals · 1961
- In re Moran's WillWisconsin Supreme Court · 1903
- In Re the Accounting of the Farmers' Loan & Trust Co.New York Court of Appeals · 1907
- In re the Estate of NelsonCourt of Chancery of Delaware · 1909
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